Gayathri v. The State Rep. By

S. SOUNTHAR , J.

The petitioner herein seeks anticipatory bail in Crime No.148 of 2024 registered by the respondent Police for the offences punishable under Sections 147, 148, 294(b), 448, 427, 506(ii) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. Learned counsel for the petitioner submitted that the petitioner, aged about 20 years is an innocent person and she has nothing to do with the alleged offence. He further submitted that the petitioner has been falsely implicated in this case and he also submitted that the similarly placed coaccused namely A1, A2, A3 and A6 have been released on bail by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

3. Learned Government Advocate (Criminal Side) submitted that, the accused and the de facto complainant are neighbours and due to the previous enmity, the petitioner along with other accused had trespassed into the house of the de facto complainant, abused him and damaged his household articles. Hence, he opposed for grant of anticipatory bail to the petitioner. 1/4

4. Having regard to the nature of the allegation made against the petitioner and also considering the fact that the some of the co-accused have already been arrested and later enlarged on bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned XV Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond 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 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 everyday at 10.00.a.m., for a 2/4

period of two weeks and thereafter, 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 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;

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S. SOUNTHAR , J.

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