Sivasamy v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of Indian Penal Code read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No. 79 of 2024, seek anticipatory bail.

2. It is stated that the petitioners and the defacto complainant are both relatives and they had a continuous dispute over property which escalated into violence. The injured had been discharged from the hospital. Counter complaint has also been lodged by the petitioners.

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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 Court No.VII, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 first petitioner shall appear before the respondent police once in a week ie., every Monday at 10.30 a.m., for a period of two weeks and thereafter as and when required. The second and fourth petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required. The third petitioner shall appear before the respondent police as and when required.

[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 registered under Section 229A IPC.

15.03.2024 vsg

C.V.KARTHIKEYAN, J.

Vsg 15.03.2024