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Madras High CourtCRL OP/7026/2024granted

E Senthamilan @ Senthamizchehian v. The Inspector Of Police,

2024-03-27Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The Petitioners/Accused in Crime No.267 of 2024 registered by the respondent police for the offences under Sections 294(b) of IPC r/w Section 4 of the Women Harassment Act, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that on 09.03.2024 at 10.00 p.m these petitioners had abused the daughter of the defacto complainant and her friends when they had dinner at 7 Star Daba Hotel, Pethikuppam. Hence, this case.

3. The learned counsel for the Petitioners denied the involvement of the petitioners in any such offence. However, the petitioners filed an affidavit, which is as below;

"We further submit that we have never indulged in such kind of activities as alleged in the above case in any event. Further, we jointly and severally undertake that we will not involve or commit such offence in future which is said to have been committed by us"

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4. In view of the affidavit filed by the petitioners, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. Accordingly, the Petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the District Munsif Cum Judicial Magistrate, Gummudipoondi on condition that each of 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 : [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 once in a week for a period of two weeks and thereafter, as and when required for the interrogation.

[c] the petitioners shall not tamper with evidence or 2/4

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.

27.03.2024 Tsg C.V.KARTHIKEYAN , J.

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