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Madras High CourtCRL OP/10710/2024granted

Anbarasi Anbarasi Selvam v. The State Rep By Its,

2024-04-29Honourable Mrs Justice T.V.Thamilselvi5 pages

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 294(b), 323, 506(i) of IPC r/w 4 of TNPWH Act in Crime No.99 of 2024, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that one Kalaivannan snatched the de-facto complainant's mobile and she asking her mobile to return back at that time the said Kalaivan abused the de-facto complainant with filthy languages. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are an innocent persons and they have not committed any such offence as alleged by the prosecution. He would also submits that they have been falsely implicated in this case and they will abide by any condition that may be imposed by this Court. He further submits that it is a case in counter and the petitioners' complaint has been registered in Crime No.100 of 2024. 1/5

Therefore, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent opposed for granting anticipatory bail to the petitioners stating due to wordy quarrel between the petitioners' son and the defacto complainant and he abused her with filthy languages.

5. Taking into consideration the facts and the submissions made by the learned counsel on either side and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District Munsif-cum-Judicial Magistrate, Sholinganallur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to 2/5

arrest or to the satisfaction of the learned Magistrate concerned 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the second petitioner shall report before the respondent Police Station every Saturday at 10.30 a.m. for a period of eight weeks and the first petitioner shall report before the respondent Police as and when required;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 3/5

petitioners are 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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T.V.THAMILSELVI, J.

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