Jayanesan Devid v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioners namely Jayanesan Devid, Arpudharaj Selvaraj, Jaikar David, who apprehend arrest at the hands of the respondent police in Crime No.Not Known of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are falsely implicated in this case. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, FIR is registered against the petitioners in Crime No.490 of 2023 registered for the offences under Sections 294(b), 323, 506(1) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. Defacto complainant is the member of Advent Christian Church. On 16.07.2023, at about 10.30.a.m., after completion of prayer, there was a conversation with regard to problem arose in the matter of appointment of committee members. Accused in this case had switched off the main

electricity connection and scolded the defacto complainant in filthy language and pulled her hand and caused injuries. Injured was treated in the hospital and discharged.

4. Considering the nature, facts and circumstances of the case and the fact that the injured has been treated and discharged from the hospital and that material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioners for the reason that, custodial interrogation of the petitioners is not necessary.

5. Accordingly, 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 learned District Munsif cum Judicial Magistrate No.I, Pallavaram on condition that the 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 daily 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 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.

04.08.2023 sma

G.CHANDRASEKHARAN.

J.

sma 04.08.2023