Jothi M v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioners who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 294(b), 323, 324 & 506 (1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.325 of 2022, 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 innocent and they are falsely implicated in Crime No.325 of 2022, for the alleged offence under Sections 147, 148, 294(b), 323, 324 & 506 (1) IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. Thus, he prays for anticipatory bail for the petitioners.

3.In response, the learned Government Advocate (Criminal side) submitted that defacto complainant deposited money with the accused in connection with Diwali festival. When he demanded the money along with his wife and one Parvathi, on 20.09.2022, at about 10

a.m., accused in this case had beaten the defacto complainant, his wife and Parvathi with stick. They also made criminal intimidation against them. He further submitted that the victims suffered simple injuries. Injured were treated and discharged from hospital. However, he prayed for dismissal of this petition.

4.Considering the circumstances under which the incident had happened and the fact that the injured were treated and got discharged from the hospital, 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 Additional Mahila Court, Tiruvallur, on condition that petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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]. [f] If the accused thereafter absconds, a fresh

FIR can be registered under Section 229A IPC. 04.08.2023 sli G.CHANDRASEKHARAN.

J.

sli 04.08.2023