N.Selvam v. The Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 417, 376(2), 312 and 506(ii) of IPC in Crime No.21 of 2023, seeks anticipatory bail.

2. It is stated that the petitioner had continuous relationship with the defacto complainant, who is a resident of the same village. As a matter of fact, it is also stated that the defacto complainant got impregnated and the fetus had to be aborted.

3. The learned counsel for the petitioner states that the petitioner had given a complaint stating that the defacto complainant is troubling him and this was on 19.07.2023. Thereafter, on 26.07.2023, the defacto complainant had given a complaint and FIR was registered on 22.09.2023.

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4.Earlier petition seeking anticipatory bail was dismissed on 31.10.2023 in Crl.O.P.No.22391 of 2023. From that date, there has been substantial progress in the investigation.

5.Taking that factor into consideration, this Court is inclined to grant anticipatory bail to the petitioner and with certain conditions: 6.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 on which the order copy made ready, before the learned Judicial Magistrate, Polur, Thiruvannamalai District, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner 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].

[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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