D Nagalingam v. State By
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(i) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, Crime No.139 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that on 22.02.2023, due to previous enmity, there was a quarrel between the petitioners and the de facto complainant, at that time, the petitioners along with other accused assaulted the de facto complainant and his mother with hands and also abused them with filthy language. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that due to previous enmity, a false complaint has been given by the de facto
complainant. He would also submit that the petitioners are ready and willing to furnish sufficient solvent sureties and to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that due to previous enmity, the petitioners along with other accused had abused the de facto complainant and his mother with filthy language and threatened them with dire consequences and also assaulted them with hands. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and also the submission of both sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 learned Judicial Magistrate I, Poonamallee, on condition that each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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:
[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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
A.D.JAGADISH CHANDIRA, J.
jas [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 registered under Section 229A IPC.
10.03.2023 jas