Sharmila v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/Accused in Crime No.22 of 2024 registered by the respondent police for the offences under Sections 506(1) and 509 IPC read with Section 66C of Information Technology (Amendment) Act, 2008 INF C, seeks anticipatory bail.

2. It is stated that the Petitioner was driving her vehicle from Ganapathi to Sakthi Road at Coimbatore. She wanted to take a U-turn which was objected by the respondent since that particular point was not the point which was permitted to take a U-turn. The Petitioner went further and took a U-turn and came back to that particular point and started to quarrel with the police who were at that place.

3. The Petitioner must understand the difficulty of any individual standing in the road in the hot sun or in other any weather and manning the traffic, particularly, indisciplined motorists like the Petitioner. She could have extended a friendly help to the police there. But rather she had 1/6

expressed her vengeance against them which is condemned by this Court. Unfortunately, it is also complained that the video is still available in her Instagram account.

4. The learned counsel for the Petitioner stated that the video has now been deleted from her account.

5. I only hope that she understands the difficulties of another person and the privilege which she has, in driving an air conditioned car, at a time, when the police personnel are standing in the road exposed to inclement weather of all kind and to the abuses of the motorists like the Petitioner.

6. An affidavit has been filed by the Petitioner, in which, she had stated as follows :

" I state that I will not indulge in such activities in future and the above said mistake is neither wanton nor willful. I further state that I am willing to abide all conditions imposed by this Hon'ble Court and have sufficient and acceptable sureties. I will not abscond and undertake to appear before the Hon'ble Court. I state that I 2/6

have also deleted the alleged post in my Instagram account as per the directions of this Hon'ble Court. "

7. It is only hope that she would abide by the said undertaking. It would be extremely unbecoming of her if she were to violate this undertaking and also unbecoming of her, if she were to violate the rules.

8. Stating as above, 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.IV, Coimbatore, 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 :

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[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 daily at 10.30 a.m. for a period of two weeks and thereafter, once in a week i.e., on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for the interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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].

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[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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