Kandhan v. State By

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Crime No.213 of 2023 registered by the respondent Police for the offences under Sections 294(b), 323, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in a case in Crime No.213 of 2023 registered by the respondent Police for the offences under Sections 294(b), 323, 506(i) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Thus, he seeks anticipatory bail to the petitioners.

3. Let me not enter into detailed facts, but I must place credit to my learned Predecessor who had directed the parties to appear before the Mediation and Conciliation Centre at the High Court of Madras. 1/4

4. A report had been forwarded about the settlement which had been reached among the parties. In view of that particular fact, I am inclined to grant anticipatory bail to the petitioners. 5.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 District Munsif cum Judicial Magistrate Court, Cheyyur, 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 10.00.a.m.,for a period of one week and thereafter, as and when required for interrogation.

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[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;

01.11.2023 gd C.V.KARTHIKEYAN , J.

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gd 01.11.2023 4/4