Kaliyamoorthy 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 147, 366, 511 and 506(i) of I.P.C. r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.223 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons attempted to abduct the de-facto complainant. Further they intimidated and compelled her to marry one Vijayakumar. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that this Court had already granted anticipatory bail in favour of the petitioner in Crl.O.P.No.26850 of 2022
on 02.01.2023. It is further stated that the petitioner was unable to give the surety as per the earlier order of this Court. Hence, this second anticipatory bail petition has been filed. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner along with other accused persons attempted to abduct the de-facto complainant to compel her to marry one Vijayakumar. Therefore, he opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Having regard to the facts of the case and the nature of the allegation made against the petitioner and also of the fact that this Court had already granted anticipatory bail to the petitioner, 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.I, Ulundurpet, 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 shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for interrogation.
S.SOUNTHAR, J., rsi/gm [c] the petitioner shall not tamper the 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.
05.05.2023 rsi/gm