Dinesh v. State Represented By

C.V.KARTHIKEYAN , J.

The Petitioners/A1, A2 and A3 in Crime No.17 of 2024 registered by the respondent police for the offences under Sections 294(b), 323, 447, 354 and 506(ii) IPC read with Section 4 of TN Prohibition of Women Harassment Act with respect to an occurrence which took place on 20.11.2023, seek anticipatory bail.

2. It is the case of the prosecution that a complaint had been lodged stating that the Petitioners had abused the defacto complainant. The dispute which had arisen had escalated into violence. Hence, this case.

3. The learned counsel for the Petitioners stated that the Petitioners have been falsely implicated in this case. He also stated that the Petitioners are innocent persons and are in no way connected with the alleged offences. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. 1/4

Additionally, at the time of executing sureties, the Petitioners must also file an affidavit that they will not interfere with the peace of one Kannan/brother of the defacto complainant's husband, who is said to be mentally challenged. 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 District Munsif Court cum Judicial Magistrate, Gumudipoondi, 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 pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for the interrogation. 2/4

[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 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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