Krishnan v. State Rep By

RMT.TEEKAA RAMAN, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, and 506(i) of I.P.C r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.110 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is widower and she having two children. The petitioner and the de-facto complainant are belonging to the same village. Whenever the petitioner saw the de-facto complainant he used to call her for having intercourse with him and the same was refused by her. On 3.8.2023, when she went to her land for irrigation this petitioner scolded her with filthy language on fear over him she left the place immediately, even then he followed her and caught hold and fisted her face, mouth and ear and she raised alarm. On hearing her alarm neighbours were rushed. On seeing them, this petitioner threatened the de-facto complainant that he will do away her life. Hence the case.

3. The learned Counsel for the petitioner would submit that the

petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner abused the de-facto complainant in filthy language and fisted on her face, mouth and ear. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and the learned counsel for the intervenor and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the 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-I, Tirupattur, on condition that the petitioner 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 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, everyday at 10.30 a.m., on Monday, Wednesday and Friday for a period of four weeks; [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 abscond, a fresh FIR can be registered under Section 229A IPC.

25.09.2023 nvi RMT.TEEKAA RAMAN, J.

nvi

25.09.2023