Menaga v. Inspector Of Police

A. D. JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 448, 307 and 506(ii) of IPC, in Crime No.65 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute, the petitioner trespassed into the house of the defacto complainant and abused her with filthy language, attempted to assaulted her with knife and also threatened her with dire consequences. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to family dispute, a false complaint has been given against her. He would further submit that she is ready to abide by any stringent condition that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the

respondent would submit that due to family dispute, the petitioner trespassed into the house of the defacto complainant and abused her with filthy language, attempted to assaulted her with knife and also threatened her with dire consequences. He would further submit that no one has been injured in this case. However, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also of the fact that no one has been injured in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days

from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.II, Tambaram, 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 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 learned Judicial Magistrate No.I, Maduranthakam daily at 10.30 a.m., for 30 days.

A. D. JAGADISH CHANDIRA, J.

gbi [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;

28.04.2023 gbi