J.Mohammed Ashiq v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioner who apprehend arrest for the alleged offence under Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 506(1) of I.P.C., in Crime No.5 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are relatives. Further, when the parents of the defacto complainant arranged her marriage with another person, the petitioner contacted the bridegroom and spoken ill of the defacto complainant's character and sent the photographs which he had taken with the defacto complainant during his stay in her house. Due to which, the marriage was cancelled. Thereafter, the petitioner also threatened the defacto complainant and her family members with dire consequence. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that petitioner is a innocent person and he has been falsely implicated in this case. He further submitted that the defacto complainant got married on 12.06.2022 with another person. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the defacto complainant got married with another person and the investigation has been completed. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 6.Considering the fact the defacto complainant got married with another person and the investigation is also completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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 of receipt of a copy of this order, before the learned VII Judicial Magistrate G.

T Court at Chennai on condition that the petitioner shall execute a bond for a sum of Rs.

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 Tuesday at 10.30 A.M., for a period of eight weeks and thereafter, as and when required for interrogation;

(c) the petitioner shall file an affidavit before the trial Court stating that he will not communicate with the victim girl and not post any photos of the victim girl in the social media; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

02.03.2023 dk To The VII Judicial Magistrate G.T Court at Chennai.

T.V.THAMILSELVI, J.

dk 02.03.2023