Teyappan @ Desappan v. State Rep By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Section 294(b), 323, 354(D), 506(i) of IPC read with Section 4 of Tamil Nadu Women Harassment Act in Crime No.649 of 2022, seeks anticipatory bail.

2. The case of prosecution is that is that A2's son A1 Mr.Kumaravel and the defacto complainant got married three years ago and they separated after family mediation. While being so, on 15.12.2022 when the defacto complainant was waiting for the bus at the bus stand, the A1 and A2 came in two-wheeler and allegedly abused and assaulted the defacto complainant and threatened her that they will share her photos in social media. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner is an innocent person and he has nothing to do with the alleged offences and he has been falsely implicated in this case. Hence,

he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that on 15.12.2022 when the defacto complainant was waiting for the bus at the bus stand, the A1 and A2 came in two-wheeler and allegedly abused and assaulted the defacto complainant and threatened her that they will share her photos in social media. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the over tact against this petitioner and the stage of investigation, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned

Judicial Magistrate, Tiruttani on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties (out of which one surety should be blood surety) each for a like sum to the satisfaction of the respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Saturday at 10.30 A.M, for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d]the petitioner shall not abscond either during investigation or trial;

[e] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take

T.V.THAMILSELVI, J.

jai appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

jai 06.02.2023 06.02.2023