N Venkatesan v. The State Rep By
C.SARAVANAN, J.
The petitioners/A1, A3 and A4 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 376, 306, 312, 503, 354A, 354C, 354D, 120B, 506(ii) of IPC r/w Section 66 of Information Technology Act, 2000 in Crime No.10 of 2024, seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent Police and perused the materials available on record.
3. Learned Government Advocate (Criminal Side) submits that the 1st petitioner (A1) had developed relationship with the defacto complainant and had apparently taken photographs and had threatened her. The 2nd and 3rd petitioners are the parent of the 1st petitioner. Hence, she opposed for grant of anticipatory bail to the petitioners.
4. Learned counsel for the petitioners submits that the dispute with respect to the alleged offence has been settled on 19.06.2023. However, Page No.1 of 5
thereafter, the defacto complainant has made a complaint against the petitioners. He further submits that the petitioners are ready to abide by any condition imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.
5. The petitioners are arrayed as A1, A3 and A4 in Crime No.10 of 2024 before the respondent. It appears that 1st petitioner (A1) had developed relationship with the defacto complainant and had apparently taken photographs and had threatened her.
6. Having considered the submissions made by the learned counsel for the petitioners and the learned Government Advocate (Criminal side), this Court is inclined to grant anticipatory bail subject to a condition that the petitioners shall deposit a sum of Rs.50,000/- to the credit of Crime No.10 of 2024 to enable the defacto complainant to withdraw the same, in case, the offence is made out against the 1st petitioner.
7. Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/- to the credit of Crime No.10 of 2024 (Rupees fifty thousand only) and on production of proof for the same, the petitioners are ordered to be Page No.2 of 5
released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Additional Fast Track Mahila Court, Tiruppur District on condition that the petitioners shall execute separate 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 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 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 1st petitioner shall report before the respondent Police everyday at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation and the 2nd and 3rd petitioners shall report before the respondent police on every Monday at 10.30 for a period of two weeks and thereafter, as and when required for interrogation; [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;
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[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 petitioners 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.
24.05.2024 smv Page No.4 of 5
C.SARAVANAN, J.
smv 24.05.2024 Page No.5 of 5