Subash v. The Inspector Of Police,

S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC, 1860 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.84 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution as per the defacto complainant, Deepa is that she and her husband asked one Prabhu to arrange for a personal loan. The said Prabhu asked Rs.5,000/- to arrange that loan and the defacto complainant and her husband paid Rs.600/- for the expenses. However, the said Prabhu gave no reply to them. When the defacto complainant and her husband questioned the same, the petitioner and his friend assaulted them. Hence, the complaint.

3.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.

The learned Government Advocate (Criminal Side) would submit that the petitioner assaulted the defacto complainant and her husband. He would further submit that the victims were treated as outpatient. However, he vehemently opposed to grant anticipatory bail to the petitioner. 5.

Heard the learned counsel on either sides 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 the injured treated as outpatient, 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.2, Pollachi, Coimbatore District, 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 report before the respondent police every day at 10.30, a.m, until further orders;

[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;

S.SOUNTHAR, J.

AT [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/TrialCourt 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;

05.05.2023 AT