Thiagu Alias Thiagarajan v. State Rep. By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 294(b), 448, 354, 506(i) IPC r/w 4 of the Women Harassment Act in Crime No.155 of 2024 on the file of the respondent/police, seek anticipatory bail.

2.It is the case of the prosecution that the defacto complainant and the petitioner were relatives. There was a land dispute between the petitioner and the defacto complainant, the defacto complainant and her husband Manikandan asked the petitioner to come to their house and to resolve the problem amicably. Believing the words of the defacto complainant, the petitioner who accompanied with a person went to the defacto complainant with a view to resolve the land dispute but the defacto complainant with a wreck vengeance created a scene and falsely implicated the petitioner and A2 in the above offence. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a law abiding citizen and he has not committed any offence as 1/5

alleged by the respondent. He is ready to abide by any condition that may be imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) submitted that in order to resolve the issue the petitioner herein has to stay away from Tiruvallur. He also opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is directed 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 No.I, Tiruvallur, 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 2/5

to the satisfaction of the respondent/police or the police officer, who intends to arrest the petitioner, 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 petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall appear and sign before the Hasthampatti Police Station daily at 10.30 a.m. for a period of four weeks;

(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 Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can 3/5

be registered under Section 229-A IPC.

18.04.2024 ah T.V.THAMILSELVI, J.

ah Crl.OP.No.9574 of 2024 4/5

18.04.2024 5/5