Govindaraj @ Govindarajan v. State Rep By, The Inspector Of Police,
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(ii) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.24 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to matrimonial dispute, the petitioners, who are in-law of the defacto complainant along with A1/husband of the defacto complainant have abused, assaulted and threatened her with dire consequences. Hence the case.
3. The learned counsel for the petitioners would submit that the petitioners are in-law of the defacto complainant and they are no way connected with the offence.
4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that due to matrimonial dispute, A1, who is the husband of the defacto complainant along with his family members/
petitioners herein have abused and assaulted her and also threatened her. He would further submit that the investigation is still pending. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also taking note of the fact that the petitioners are only in-law of the defacto complainant, this Court is inclined to grant bail to the petitioners with certain conditions.
9. 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, Thiruthuraipoondi, Thiruvarur
District, 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 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 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.
30.08.2023 vkr
RMT.TEEKAA RAMAN , J.
vkr 30.08.2023