Selvakumar v. Inspector Of Police

K.KUMARESH BABU, J.

The petitioner seeks anticipatory bail in Crime No.1 of 2024 registered by the respondent Police for the offences under Sections 147, 294(b), 323, 494 and 506(i) IPC r/w 4 of TN Prohibition of Harassment of Women Act, 2002.

2.The learned counsel for the petitioner stated that, he has been falsely implicated in this case. He is innocent and no way connected with the offence alleged by the defacto complainant. He further submitted that petitioner is prepared to abide by any stringent condition that may be imposed by this Court. Apprehending arrest from the respondent police, he seeks anticipatory bail to the petitioner.

3.The learned Government Advocate (Criminal side) stated that petitioner herein is the 1st accused. The defacto complainant filed a complaint stating that, petitioner had married the defacto complainant on 13.08.2018 and a child was born to them out of their wedlock. However, the petitioner had subsequently married the 2nd accused. When the defacto complainant 1/4

along with her parents questioned him, he abused them in filthy language and threatened them with dire consequences. Thus, he prays for dismissal of this petition.

4. Taking into consideration the facts and circumstances of the case and also the submission of the learned counsel for the petitioner that the petitioner is prepared to abide by any stringent condition that may be imposed by this Court , this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, the petitioner is directed 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, Virudhachalam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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: 2/4

[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 daily at 10.00 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;

[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;

09.05.2024 rsi/gd 3/4

K.KUMARESH BABU, J.

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