Bharathi v. State Rep By
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest for the alleged offences punishable under Sections 294(b), 323, 324, 506(i) IPC r/w 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.177 of 2024 on the file of the respondent/police, seek anticipatory bail.
2.It is the case of the prosecution that there was a wordy quarrel aroused between the petitioners and the defacto complainant. Due to which the victim was assaulted with hands and bite on his right side finger and pushed into down and dare consequence by the petitioners along with A1. Hence the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case and they have not committed any offence as alleged. The petitioners are very poor and they are the sole breadwinners of their family, if they detained their family may be put to loss. They are ready to abide by any condition that may be imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. Side) vehemently opposed for 1/5
grant of anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners 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 petitioners. 7.Accordingly, the petitioners is directed 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, Dharapuram, on condition that the petitioners 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 the petitioners, 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 Court concerned may obtain a copy of their Aadhar 2/5
card or Bank pass Book to ensure their identity; (b) the petitioners is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each to the credit of Crime No.177 of 2024, before the concerned Magistrate within a period of two weeks from the date on which the order copy made ready and on such deposit, the defacto complainant is permitted to withdraw the said amount on filing undertaking affidavit and proper identification and acknowledgment;
(c) the final order in respect of the said deposit shall be passed by the learned trial judge at conclusion of trial; (d) the petitioners shall appear before the respondent police as and when required;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial; (f) the petitioners shall not abscond either during investigation or trial;
(g) 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 Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
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(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
18.04.2024 ah 4/5
T.V.THAMILSELVI, J.
ah Crl.OP.No.9543 of 2024 18.04.2024 5/5