C.Gunasekar v. The State Of Tamil Nadu

C.V.KARTHIKEYAN, J.

The petitioner / A5 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 420, 366, 368, 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women, Act in Crime No.1915 of 2023, seeks anticipatory bail.

2.It is stated by the respondent that the defacto complainant had stated that his daughter had been sent over to Dubai by this petitioner to learn beautician course.

3.The learned counsel for the petitioner stated that this petitioner was not at all involved in any of the offences. But very strong objections were raised that it was this petitioner who had induced the daughter of the defacto complainant to go to Dubai. 1/4

4.Earlier petition seeking anticipatory bail was dismissed on 20.03.2024 in Crl.O.P.No.3656 of 2024, on which date, it was observed that A1 to A4 who had been arrested were still in custody. It is however stated that A1 was the Juvenile and she had been granted necessary relief and A2, A3 and A4 had also been granted bail. 5.Taking that factor into consideration, this Court is inclined to grant anticipatory bail to the petitioner and with certain conditions: 6.Accordingly, the petitioner is 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 learned Judicial Magistrate - I, Tiruppur, 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, failing which, the petition for 2/4

anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner 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.

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C.V.KARTHIKEYAN , J.

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