Kanniappan v. The State Rep By Its,
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) of IPC, r/w Section 4 of TNPHW Act in Crime No.134 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Eshwari is that on 11.08.2022 due to matrimonial dispute, the accused who are the parents and brother of her daughter-in-law had assaulted her with iron rod and also pushed her and causing injuries to her. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would further submit that the petitioner's daughter was given in marriage to the son of the defacto complainant and the daughter of the petitioner was harassed by her in-laws, when it was questioned, there was a quarrel, a false has been complaint given. He would further submit that A2 and A3 namely the wife of the petitioner and the son of the petitioner have been granted anticipatory bail. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused due to matrimonial dispute assaulted the mother-in-law of his daughter resulting her in sustaining injuries. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel and perused the materials available on record including the FIR.
6. Taking into consideration the facts and the submissions made by the counsel, this Court is inclined to grant anticipatory bail with certain conditions.
6.
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, Katpadi on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 on every day at 10.30 a.m for a period of two weeks and thereafter on every Saturday at 10.30 a.m., until further orders. [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 absconds, a fresh FIR can be registered under Section 229A IPC.
26.10.2022 Vv
A.D.JAGADISH CHANDIRA, J.
Vv 26.10.2022