Santhosh v. State Rep By

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of I.P.C r/w and Section 4 of TN Prohibition of Harassment of Women Act, in Crime No.48 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the petitioners along with other accused trespassed into the premises of the de-facto complainant and assaulted her and also threatened her with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are an innocent person and they have been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that by the end of January 2023, the petitioners along 1/4

with some others had trespassed into the property of the defacto complainant and abused with filthy language and assaulted her. Due to the said impact she sustained injuries and now, the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate -III, Vellore on condition that the each petitioners shall execute a bond 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 and the sureties shall affix their 2/4

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 first, second and fourth petitioners shall report before the respondent police every Saturday at 10.30 a.m., for a period of four months and thereafter as and when required and third petitioner is directed to report before the respondent Police as and when required for interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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 T.V.THAMILSELVI, J.

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gbi by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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