Elumalai v. The State Rep.By Its
G.CHANDRASEKHARAN.
J.
The petitioners who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 448, 294 (b) & 323 IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002, in Crime No.327 of 2023, on the file of the respondent police, seek anticipatory bail.
2. It is the submission of the learned counsel for the petitioners that petitioners are accused in Crime No.327 of 2023, for the alleged offence under Sections 448, 294 (b) & 323 IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002. Petitioners are innocent and they have been falsely implicated in this case. Thus, he prays for anticipatory bail for the petitioners. 3.In response, the learned Government Advocate (Crl.side) submitted that the accused had lent money to the defacto complainant. On 12.02.2023, at about 9.30 p.m., accused had criminally trespassed into the defacto complainant's house and scolded her in filthy language
and beaten her claiming that how dare she can give complaint against them. As a result, she suffered injuries. He further submitted that injured was treated and discharged from the hospital. 4.Considering the nature of the allegations made against the petitioners in the FIR and the fact that the injured was treated and discharged from the hospital, this Court is of the view that custodial interrogation of the petitioners is not necessary and this Court is inclined to grant anticipatory bail to the petitioners and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arakkonam, on condition that petitioners shall execute separate bond for a sum of Rs.
[a] the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders.
[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 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.CHANDRASEKHARAN.
J.
sli [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
04.08.2023 sli