V.Rajendiran v. The Inspector Of Police,,Chennai District

Crl.O.P.No.7187 of 2024 Crl.O.P.No.7187 of 2024 C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 323 and 506(i) of IPC read with 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No. 161 of 2022, seek anticipatory bail.

2. It is stated that a counter complaint had also been lodged by the petitioners against the defacto complainant. The entire dispute surrounds dispute over common pathway between the petitioners and the defacto complainant, who are all relatives. The dispute escalated into violence.

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, Ambattur, 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:

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Crl.O.P.No.7187 of 2024 C.V.KARTHIKEYAN, J.

Vsg [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 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

25.03.2024 vsg Crl.O.P.No.7187 of 2024 https://www.mhc.tn.gov.in/judis