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Madras High CourtCRL OP/7150/2024granted

Anjalai v. The Inspector Of Police,Cuddalore

2024-03-25Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners/A2 to A4 seek anticipatory bail in Crime No.83 of 2024 registered by the respondent Police for the offences punishable under Sections 147, 341, 294(b), 323, 324 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. It is stated that the fourth petitioner/A5 had been arrested and had been granted bail. It is also stated that the second petitioner/A3 had given a complaint against her mother-in-law about domestic violence being inflicted on her. This dispute escalated into violence.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the first, second and third petitioner with certain conditions. Accordingly, the first, second and third petitioner 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 No.II, Panruti, on condition that the petitioners shall execute a separate bond for a sum of 1/4

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, second and third petitioners shall report before the respondent police 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 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].

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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.

rjr 25.03.2024 4/4