T. Mohanraj v. State Rep By The Inspector Of Police

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.270 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323, 324 and 506(2) of IPC. r/w 4 of TNPHW Act, 1992.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.270 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323, 324, 506(2) of IPC. R/W 4 of TNPHW Act, 1992. Thus, he seeks anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal side) stated that, due to a matrimonial dispute between the defacto complainant and 1st petitioner, there was a wordy quarrel between them, thereby the 1st petitioner filed a petition in H.M.O.P.No. 11 of 2024 before the Family Court, Tiruvannamalai. While being so, on 06.04.2024, both have appeared at the conciliation centre and later when the defacto complainant along with her father came outside of the court, the 1st petitioner's father abused them in filthy language and pushed her father, as a 1/4

result of which, he fell down and sustained simple injury and he has not sustained any serious injury. Now, investigation is almost completed. Thus, he prays for dismissal of this petition.

4. Taking all the factors into consideration and also of the fact that the victim sustained simple injury and investigation is almost completed, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be 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 made ready, before the Judicial Magistrate No.II, Tiruvannamalai on condition that the petitioners shall execute a 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 2/4

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

[b] the petitioners shall report before the respondent police everyday at 10.00.a.m., until further orders. [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;

[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;

30.05.2024 rpp 3/4

S.SOUNTHAR , J.

rpp 30.05.2024 4/4