Prasanth v. The Sub Inspector Of Police

C.SARAVANAN, J.

The petitioner, apprehending arrest in the hands of the respondent Police for the offences punishable under Sections 294(b), 323 and 506(ii) of IPC, seeks anticipatory bail.

2. The complaint was filed by the petitioner's wife against the petitioner on 19.05.2024, for which, C.S.R.No.216 of 2024 has been issued by the All Women Police Station, Ranipet. It appears that there is a domestic quarrel between the petitioner and his wife/de-facto complainant. It is submitted by the learned Counsel for the petitioner that the petitioner's wife is now staying with her parents after the alleged incident.

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

4. Considering the facts and the submissions made by the learned Counsel on either side, this Court is inclined to grant Anticipatory Bail to the petitioner subject to the petitioner co-operating with the respondent in the investigation in C.S.R.No.216 of 2024. In case an offence is made out, 1/4

the respondent is directed to register F.I.R and proceed against the petitioner in accordance with law. It is made clear that the petitioner shall co-operate with the respondent as and when he is required to give statement.

5. 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, Walajapet, 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 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 as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner shall not abscond either during 2/4

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.

23.05.2024 grs 3/4

C.SARAVANAN, J.

grs 23.05.2024 4/4