Shanmugam v. The Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 427 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.251 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on 09.07.2022 at about 10.00 p.m, when the defacto complainant was standing in front of her house at that time the petitioners started abusing the defacto complainant and damaged the street light and thrown stones at her house and broken the tiles, when the defacto complainant questioned them, they abused her in filthy language and assaulted her and her family members. Thereby, they sustained injuries. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence
as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that the petitioners assaulted the defacto complainant and her family members and abused them in filthy language. Therefore, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Additional Mahalir Neethimandram, Judicial Magistrate Level, Thiruvallur, on condition that 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, failing which, the petition for anticipatory bail shall stand dismissed 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 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
16.08.2022 ata
G.K.ILANTHIRAIYAN, J.
ata 16.08.2022