Marimuthu v. The Inspector Of Police

Dr.G. JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 447, 294(b), 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Woman Harassment in Crime No.301 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. Due to a quarrel between the neighbours regarding a pet dog behaving violently, it is alleged that the petitioner here in has physically abused the modesty of the de-facto complainant and hence, a complaint under Sections 447, 294(b), 323 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Woman Harassment was registered.

3. The learned Government Advocate (Crl.side) appearing for the respondent states that the petitioner and the de-facto complainant are neighbours and the incident has taken place due to a sudden verbal fight between them.

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4. Considering the facts, 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 his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - I - Namakkal on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) the petitioner 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 petitioner shall report before the Investigating Officer daily at 05.00 p.m., for a period of one week and thereafter and when required for interrogation;

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(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 is 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 mpl 3/4

Dr.G.JAYACHANDRAN.,J.

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