Sathish v. State By

Crl.O.P.No.8437 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offence under Sections 498(A), 294(b), 323, 324 & 506(2) IPC and 4 of TN Prohibition of harassment of Women Act in Crime No. 7 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner abused, attacked and threatened the defacto complainant. Hence, the case. 3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution. Learned counsel prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl side) submits that the accused persons attacked and abused the defacto complainant. However, 1/4

vehemently oppose for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that the second and third petitioners are aged persons and the investigation is almost completed . Hence, 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 of receipt of a copy of this order, before the Judicial Magistrate Court Arakkonam, on condition that 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 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 2/4

identity.

[b] the petitioners is directed to 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 petitioner 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. 05.04.2024 3/4

pbl T.V.THAMILSELVI, J.

pbl Crl.O.P.No.8347 of 2024 05.04.2024 4/4