Dinesh v. Inspector Of Police

Crl.O.P.No.3973 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A1 to A4 in Crime No.625 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), and 323 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 seek anticipatory bail.

2. It is stated that the defacto complainant and her relatives were abused by the accused. The entire issue arose over a marital dispute between the defacto complainant and her husband.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4. Accordingly, the petitioners are ordered to be released on bail 1/4

in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif-Cum-Judicial Magistrate Court, Madhavaram on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 petitioners 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 1st and 3rd petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks, the 2nd petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two weeks and 4th petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness 2/4

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 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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C.V.KARTHIKEYAN,J.

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