Mrs.P.Vijayakumari v. The Inspector Of Police B 6, Magaral Police Station Kancheepuram District
T.V.THAMILSELVI, J.
The petitioners who apprehend arrest at the hands of the respondent Police for the offences punishable under Section 294(B), 323, and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act,2002 in Crime No.3 of 2023, seek anticipatory bail.
2. The case of prosecution is that on 4.01.2023 the petitioners and the defacto complainant had wordy quarrel, abused in filthy language, assaulted and threatened with dire consequences. In the said attack both of them sustained injuries in which the defacto complainant sustained grievous injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He also submits that the defacto complainant had sustained only simple injuries. Hence, he prays for grant
of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that on 4.01.2023 the petitioners and the defacto complainant had wordy quarrel, abused in filthy language, assaulted and threatened with dire consequences. He also submits that injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, investigation is almost completed and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate II, Kancheepuram on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten
thousand only) with two sureties (out of which one surety should be a blood surety )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: [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 second petitioner is directed to report before the respondent police on every Wednesday at 10.30 a.m., for a period of six weeks and thereafter as and when required for interrogation and the first 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.
T.V.THAMILSELVI, J.
jai [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.
28.02.2023 jai