Vinothkumar v. State Rep. By

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.11 of 2023 registered by the respondent police for the offences under Sections 498A, 406 and 420 IPC read with Section 4 of TN Prohibition of Harassment of Women Act, 2002.

2. However, let me not enter into a discussion on the facts since the defacto complainant had lodged a very same complaint before the Nagalapuram Police Station in Thirupathi and the said police station had also registered the First Information Report in Crime No.60 of 2023 under Sections 498(A) IPC read with Section 3, 4 of Dowry Prohibition Act read with Section 34 IPC.

3. Eventhough, the provisions of law may be slightly different but the facts are one and the same. It is trite in law to point out that there cannot be two separate First Information Reports over the same allegations registered either by the same Investigating Agency or by two separate Investigating Agencies.

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4. In view of that particular fact, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions. 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 Judicial Magistrate No.I, Thirupathur, 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 conditions that :

[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 as and when required for the interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4

[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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