Jayapal Gundan v. The State Rep By Its,

RMT.TEEKAA RAMAN , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 506(i) of IPC r/w 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.274 of 2023, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that A1 and the defacto complainant were in love with each other and got married and they are living together, out of their wedlock, the defacto complainant has got pregnant, whereas, A1 left her abandoned. Due to which, the defacto complainant gone to the house of A1, wherein, A1 along with the petitioners have abused and harassed her. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they are parents of A1 and they have nothing to do with the alleged offence as stated by the prosecution. He would further submit that A1 in this case has been

arrested and later released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) submitted that A1 has been arrested and later, enlarged on bail by the trial Court.

5. Taking into consideration the facts and circumstances and also the submission of the learned counsel on either side and A1 in this case has been arrested and later, enlarged on bail by the trial Court, this Court is inclined to grant grant anticipatory bail to the petitioners subject to the following 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 learned Judicial Magistrate No.II, Hosur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten 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., for a period of four 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]; and;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

21.08.2023 vkr

RMT.TEEKAA RAMAN , J.

vkr 21.08.2023