J.Balamurugan v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 354, 506(1) of IPC r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.251 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was continuously harassing and life threatening the defacto complainant Hence, the complaint.

3. It is seen that the petitioner as well as the defacto complainant are advocates. The defacto complainant is none other than his own sister in law. Therefore, this Court directed both the parties to appear before the Court and conducted enquiry in the chamber. The petitioner sought for apology and also filed undertaking affidavit, which states as follows: "9.It is submitted that on hearing the Anticipatory bail, the petitioner and the defacto attended counselling before this Hon'ble Court and this petitioner hereby

affirms that the above dispute arose because of the matrimonial issues between the petitioner and his wife. The petitioner states that he will not indulge in any activities which hurt the womenhood in future.

10. It is submitted that, the petitioner is ready to abide by any conditions to be imposed by this Hon'ble Court for enlarging himself in Anticipatory Bail and ready to offer the substantial sureties."

4. Considering the above facts and circumstances of the case, 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 fifteen days from the date on which the order copy made ready, before XVIII Metropolitan Magistrate Court, Saidapet, 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 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] if the petitioner indulges in any violation of the undertaking given before this Court, the anticipatory bail granted to the petitioner shall stand automatically cancelled and the respondent is at liberty to secure the petitioner and proceed in accordance with law. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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G.K.ILANTHIRAIYAN, J.

lok 22.08.2022