C.Dhanasekar v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners seek/A1 & A3 anticipatory bail in Crime No.171 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022.

2. It is stated that the first petitioner is carrying construction business in and around Velachery. The second petitioner/A3 and A2 who had been remanded into custody were working under the first petitioner as staff. 3.It is also stated that there was a quarrel between A2 and the defacto complainant which escalated into violence. A2 had attacked the defacto complainant with a bottle. The injured had been discharged from hospital.

4. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in 1/4

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, Thirukalikundran, Chengalpet District, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 first petitioner 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 and the second petitioner shall report as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during 2/4

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.

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C.V.KARTHIKEYAN , J.

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