Subramaniyan v. State Rep By

Crl.OP.No.18574 of 2022 Dr.G. JAYACHANDRAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b) 323, 324, 427 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.299 of 2022 on the file of the respondent police, seek anticipatory bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

3. The case against the petitioner is that the complaint on 08.07.2022, while the public were collecting water, dispute has been raised between the petitioner who belongs to same family and the defacto complainant in which, the defacto complainant sustained injuries and got admitted in the same day and discharged on the next day. In the melee, the water pipe of the municipality got damaged.

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4. The learned counsel for the petitioner submit that while fetching public water through a municipality water pipe, wherein the defacto complainant created problem and picked quarrel with the members of the petitioner's family.

5. Taking note of the fact that the incident has taken place due to sudden provocation and the injuries are simple in nature, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions that the petitioners shall deposit a sum of Rs.2000/-(Rupees Two thousand Only) each to the credit of Crime No.299 of 2022 before the learned Judicial Magistrate- I, Villupuram.

6. Accordingly, the petitioners are ordered to be released on 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 Judicial Magistrate-I, Villupuram on condition that the petitioners shall execute separate bonds for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the 2/5

satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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;

(c) the petitioners shall deposit a sum of Rs.2000/- (Rupees Two thousand only) to the credit of Crime No.299 of 2022 before the learned Judicial Magistrate- I, Villupuram;

(d) the petitioners shall report before the Investigation Officer as and when required for interrogation ;

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(e)the petitioners shall not tamper with evidence or witness either during investigation or trial; (f)the petitioners shall not abscond either during investigation or trial;

(g)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 are 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 (h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. Vv 08.08.2022 4/5

Dr.G.JAYACHANDRAN.,J.

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