M/S.V.Prasad v. The Sub Inspector Of Police

Dr.G.JAYACHANDRAN, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 498 (A) and 506(i) of IPC in Crime No.14 of 2023 before this Court seek anticipatory bail.

2.The case of the prosecution is that the dispute arose between the husband and wife, which has culminated causing cut injury in the neck of the wife, who is the defacto complainant by the husband. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocence and they did not commit any offence as alleged by the prosecution.

4. On considering the nature of injury and the background for the dispute, this Court finds that, custody of the petitioners is not required provided they shall co-operate with the investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

5.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai, on condition that each of 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall report before the Investigation Officer daily at 10.00 a.m, until further order.

(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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 06.07.2023 ari

Dr.G.JAYACHANDRAN,J.

ari 06.07.2023