Bama v. The State Rep By Its,

P. DHANABAL.J., The petitioner apprehends arrest for the alleged offences under Section 147, 148, 294(b), 323, 324, 427, 448, 379 and 506(2) of I.P.C. in Crime No.99 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of prosecution is that, the defacto complainant lodged a complaint by stating that her husband Selvaraj had bought two lakhs from Thangaraj to expand his electrical shop. Later, the her husband returned back the full amount of the loan to Thangaraj, but the said Thangaraj refused to receive the amount and threatened to give house of the defacto complainant and her husband. On account of that, the defacto complainant lodged a complaint before the police station and the police asked the Thangaraj to produce deed of giving house to the defaco complainant. As a consequence, on 02.04.2024, Thangaraj's wife namely Bama/petitioner and Bama's younger sister Rekha along with 10 unknown men assaulted and threatened the defacto complainant and her husband with filthy language. Hence the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence

as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioner assaulted and threatened the defacto complainant and used filthy language. He further submits that there is no previous case as against the petitioner and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the representation made by both sides and considering the nature of offences charged against the petitioner, injured was discharged from the hospital and considering that the property also recovered and that there is no previous case pending as against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the

Judicial Magistrate, Ambattur on condition that the petitioner shall execute a 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 and on further condition that: [a] the petitioner shall report before the respondent police on every Saturday, for a period of four weeks. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

30.08.2024 nsl P.DHANABAL,J

nsl 30.08.2024