Abirami v. The State Rep By

C.SARAVANAN, J.

The petitioner/2nd accused, apprehending arrest in the hands of the respondent Police for the offences punishable under Sections 323, 324, 427, 506(i) of IPC read with Section 4 of TNPHW Act, in Crime No.91 of 2024 seeks Anticipatory Bail.

2. The defacto complainant one Dhasvanth, who is the brother-in- law's son of the petitioner. The case of the prosecution is that, due to previous enmity regarding civil dispute, a wordy quarrel arose between them. Due to that wordy quarrel, they were alleged to have attacked each other. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that, due to a land dispute, this case was registered against the petitioner. He would further submit that 1st accused in this case has been granted Anticipatory Bail by this Court vide its order dated 09.05.2024 in Crl.O.P.No.11547 of 2024. Hence, he prays to grant Anticipatory Bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the petitioner and the defacto complaint are relatives. He would submit that due to wordy quarrel between them, it is alleged 1/4

that they attacked each other. However, he opposed to grant Anticipatory Bail to the petitioner.

5. Heard the submissions made on either side and perused the materials available on record.

6. It appears that 1st accused/husband of the petitioner, has been granted Anticipatory Bail by this Court vide order dated 09.05.2024 in Crl.O.P.No.11547 of 2024. Considering the same, this Court is inclined to grant Anticipatory Bail to the petitioner.

7. Accordingly, the petitioner shall be released on bail in the event of arrest or on her appearance immediately on the following conditions :- (a) the petitioner shall appear before the learned Judicial Magistrate, Ambattur, within a period of fifteen days from the date on which the order copy made ready.

(b) 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 learned Judicial Magistrate, Ambattur.

(c) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and 2/4

the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(d) the petitioner shall report before the respondent Police once a week i.e., on every Saturday at 10.00 a.m. for a period of four weeks and thereafter, as and when required for interrogation;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial. (f) the petitioner shall not abscond either during investigation or trial.

(g) 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].

(h) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.SARAVANAN, J.

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