C.B.Shahrukh v. State By
Dr.G.JAYACHANDRAN, J.
The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 498, 506(i) of IPC and Section 4 of Women Harassment Act, in Crime No.06 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner herein has deserted his wife (defacto complainant) and children and thereby living with another women is now accused of intimating and harassing the defacto complainant and her children.
3. Considering the nature of the complainant given by the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.
4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial 1/4
Magistrate Tiruttani on condition that the 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 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 petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer daily at 10.00 until further orders. (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 2/4
conditions has 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
04.03.2022 Sma/rgm 3/4
Dr.G.JAYACHANDRAN. J, Sma/rgm 04.03.2022 4/4