Balaji @ Periyasamy v. State By

C.SARAVANAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 506(ii) of the Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.188 of 2024.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) accepting notice for the respondent.

3. The case of the prosecution is that the petitioner is said to have floated a chit to the neighbourhoods and collected amount for the Deepavali festival chit by promising to give 10 litres of Oil. When the de-facto complainant along with family members asked the de-facto complainant for 10 litres of cooking oil as promised, the petitioner assaulted them. Hence the complaint.

4. The learned counsel for the petitioner would submit that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner. Page No.1 of 4

5. Considering the facts and circumstances of the case and also the submissions made by either side, the Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail, in the event of arrest or on his appearance, subject to the following conditions :- [a] the petitioner shall appear before the learned Judicial Magistrate, Ambattur, Chennai, within a period of fifteen days from the date, on which, the order copy is 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 respondent police or the police officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned.

[c] 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.

[d] the petitioner shall donate a sum of Rs.10,000/- (Rupees Ten thousand only) to the recognized and registered orphanage in Thiruvallur District.

[e] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial. Page No.2 of 4

[g] the petitioner shall not abscond either during investigation or trial.

[h] 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].

[i] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.SARAVANAN, J.

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