Velayutham @ Singh Satharn v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC r/w. Section 4 of Women Harassment Act, in Crime No.171 of 2023, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that on 18.04.2023, the petitioner went to the defacto complainant's house and enquired about the whereabouts of the defacto complainant's husband and since, she did not say anything, petitioner abused the defacto complainant with filthy language in front of others and threatened her with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given against him on account of political reasons. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.Side) appearing for the respondent Police would submit that on 18.04.2023, the petitioner went to the defacto complainant's house and enquired about the whereabouts of the defacto complainant's husband and since, she did not say anything, petitioner abused the defacto complainant with filthy language in front of others and threatened her with dire consequences. Hence, he prays for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel, 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 his appearance, within a period of fifteen days

from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Tiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 stay at Dindigul report before the Inspector of Police, Dindigul Town Police Station, daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

A.D.JAGADISH CHANDIRA , J.

mpa [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 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;

27.04.2023 mpa