R.Ilamathi v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioners/A1 and A2 in Crime No.7 of 2024 registered by the respondent police for the offences under Sections 294(b) and 324 IPC read with Section 4 of TNPWH Act, seek anticipatory bail.

2. It is the case of the prosecution that the accused had picked up a quarrel with the defacto complainant and her husband unnecessarily and had also interfered with the personal life of the defacto complainant.

3. On 11.03.2024, this Court had directed as follows : " Let an affidavit be filed by both the petitioners that they would not interfere with the personal life of the defacto complainant and the husband of the defacto complainant. "

4. Accordingly, both the Petitioners had filed separate affidavits and the Paragraph No.4 in both the affidavits are similar and that is extracted hereunder :

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" I humbly submit that, incompliance of the order passed by this Hon'ble Court, I am filling this affidavit of undertaking that I shall not interfere, with the life of the defacto complainant and her husband. The same may be recorded. "

5. In view of the above stand taken by the Petitioners herein, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. Accordingly, the Petitioners are ordered to be released on bail 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 Judicial Magistrate - II, Manargudi, on condition that the petitioners shall execute a separate 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 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 2/5

pass Book to ensure their identity.

[b] the 2nd petitioner shall report before the respondent police once in a week i.e., on every Saturday at 10.30 a.m. for a period of two weeks and thereafter, as and when required for the interrogation and the 1st petitioner shall report before the respondent police as and when required for the 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.

[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 3/5

registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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