G Nandhini v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 379, 354, 448 & 506(i) of IPC read with Section 4 of the Women Harassment Act, 2002, in Crime No.113 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to property dispute, the petitioners abused the defacto complainant with filthy language, assaulted and threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and on account of property dispute, a false case has been given. He would further submit that on the complaint given by the petitioners, a case in Crime No.114 of 2023 has been registered against the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that due to property dispute, the petitioners abused the defacto complainant with filthy language, assaulted and threatened her with dire consequences. He would submit that there is no previous case as against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts of the case and the submissions made by the learned counsel and also of the fact that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. 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, Ponneri, on condition that each of the petitioners shall execute a separate 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 1st and 2nd petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the 3rd, 4th and 5th petitioners shall report before the respondent police everyday at 10.30 a.m, for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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 A.D.JAGADISH CHANDIRA, J.
mpa 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
15.03.2023 mpa