Mrs. Malathi, v. The Inspector Of Police,

Crl.O.P.No.11207 of 2016 B.GOKULDAS,J., The petitioners/A2 & A3, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b) 324 and 307 IPC read with section 4 of Tamilnadu Prohibition of Women Harassment Act 2002 in Crime No.111 of 2016 on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that based on the complaint preferred by the petitioners, a case in Crime No.112 of 2016 was registered by the respondent police. In order to harass the petitioners, the present false complaint has been lodged by the defacto complaint, who is an advocate by profession, against the petitioners and their family members. He further submitted that the petitioners have been falsely implicated in this case.

3. The learned Government Advocate (Criminal Side) appearing for the State submitted that the petitioners are arrayed as A.2 and A.3 in this case. He further submitted that a civil dispute was pending between the petitioners' family and the defacto complainant's family. He further submitted that A.1 has been granted bail by this Court today.

4. Heard the learned counsel on either side.

5. Taking into consideration the facts and circumstances of the case and the stage of investigation, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial

Magistrate, Nannilam, on condition that each of the petitioners shall execute a bond B.GOKULDAS,J., ajr/adl for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 and on further condition that:

[a] the petitioners shall report before the respondent police daily at 10.30 a.m. till further orders; [b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners shall not abscond either during investigation or trial;

[d] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law, as if the conditions have been imposed and the petitioners 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].

26.05.2016 ajr/adl

Crl.O.P.No.11207 of 2016