Arun v. State By

Crl.O.P. No. 11967 of 2023 V.LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.100 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. Due to domestic quarrel between the husband and wife, the wife has given a complaint against this petitioner alleging harassment, ill treatment and physical assault.

3. The learned counsel for the petitioner would submit that there is some matrimonial dispute between him and his wife and the petitioner has already filed a petition for divorce before the Family Court, Puducherry in MOP.No.456 of 2022. During pendency of the said divorce petition, the defacto complainant tendered an unconditional apology to the petitioner herein and started living with him. While so, in order to harass the petitioner 1/4

, he has been falsely implicated in this case. He would further submit that the petitioner is ready to cooperate with the investigation and also abide by any condition imposed by this court. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for respondent raised objection stating that the petitioner tried to strangle the defacto complainant's neck and beat her severely. He would further submit if he is granted anticipatory bail, he will tamper the witnesses and hamper the investigation. Therefore, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, and considering the fact that the investigation is almost completed and the fact that injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/4

6. 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 Chief Judicial Magistrate, Puducherry, 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 appear before the Station House Officer, Thirunallar Police Station everyday at 10.30 a.m., for a period of four weeks and thereafter, as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 3/4

V.LAKSHMINARAYANAN, J.

rpl [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.

26.05.2023 rpl Crl.O.P. No. 11967 of 2023 4/4