Sakthivel v. The Inspector Of Police

S. SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.111 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they have nothing to do with the alleged offence. He further submitted that due to the civil dispute, the de facto complainant has given the false case against the petitioners. Hence, he prayed for grant of anticipatory bail to the petitioners.

3. Learned Government Advocate (Criminal Side) submitted that, due to the existing civil dispute, the petitioners/accused have abused the de facto complainant in a filthy language and also attacked with wooden logs, causing grievous injuries. He further submitted that the victim was discharged from the hospital and also submitted that one previous case is pending against the first petitioner herein, hence, he opposed for grant of anticipatory bail to the petitioners.

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4. Having regard to the nature of the allegation made against the petitioners and also considering the fact that the injured has been discharged from the hospital, this Court is 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 is made ready, before the learned Judicial Magistrate No.I, Panruti, Cuddalore District, on condition that the petitioners shall execute separate bond each for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 petitioners shall report before the respondent police everyday at 10.00.a.m., for a 2/4

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;

[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 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;

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S. SOUNTHAR , J.

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