S.Babu Ananda Raj v. The Inspector Of Police,

G.CHANDRASEKHARAN.

J.

The petitioner namely S.Babu Ananda Raj, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Women Harassment Act in Crime No.411 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. Apprehending arrest, this petition is filed.

3. In response, the learned Government Advocate (Crl. Side) submitted that, there is a dispute between the parties in connection with property. On 13.04.2023, accused persons trespassed into the house of the defacto complainant and abused him in filthy language and also attacked with hands. As a result, defacto complainant suffered simple injuries.

4. Considering the nature of the allegations made against the accused and the injuries sustained by the defacto complainant are simple in nature and that material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioner for the reason that, custodial interrogation of the petitioner is now not necessary.

5. Accordingly, 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 the learned Judicial Magistrate, Palladam on condition that the petitioner shall execute a 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 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., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

31.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 31.07.2023