Arumbu v. Police Department

S.SOUNTHAR, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 376, 147, 294(b), 323 and 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.05 of 2023, seek anticipatory bail.

2. The case of the prosecution is that one Kalaiselvan and the defacto complainant had an illegal relationship. The said Kalaiselvan had misused the defacto complainant by saying that he will marry the defacto complainant. Therefore, the petitioners, who were Kalaiselvan relations have assaulted the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners have nothing to do with the said allegation and they have

been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Having regard to the facts and circumstances of the case and also the fact that the first accused was already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 -II, Virudhachalam, Cuddalore, on condition that the petitioners shall execute separate bonds 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 condition that: [a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate shall 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 at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper the evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

S.SOUNTHAR, J., mp/rst [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.

05.05.2023 mp/rst