Aathikesavan v. State Rep By

Crl.O.P.No.24307 of 2022 SATHI KUMAR SUKUMARA KURUP., J.

The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii)of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 in Crime No.234 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on 15.09.2022, there was dispute with regard to money between the Petitioners and the De facto complainant and during which, the Petitioners assaulted the De facto complainant's son resulting in him sustaining injuries. Further, one Sevathi, relative of the Defacto complainant tried to solve the dispute, wherein she was also sustained injuries. Hence, the complainant.

3. The learned counsel for the Petitioners submitted that the Petitioners are innocent persons and that they did not commit any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the Petitioners.

4. The learned Government Advocate (Crl. Side) submitted that on 15.09.2022, there was a dispute between the Petitioners and the De facto 1/4

complainant, during which the Petitioners abused and assaulted the De facto complainant's son and his relative, resulting in them sustaining injuries. Therefore, he vehemently opposed for grant of anticipatory bail to the Petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured are discharged from the Hospital, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions.

6. Accordingly, the Petitioners are ordered to be released on bail in the event of arrest by the Respondent Police or the Police Officer, who intends to arrest or on the Petitioners surrender before the learned Judicial Magistrate No-II, Mettur, within a period of fifteen days from the date of receipt of a copy of this order, on executing 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 learned Judicial Magistrate Court No.II, Mettur. (a) the sureties shall affix their photographs and left thumb impression in the surety bond. The Police Officer who intends to arrest or the learned Judicial Magistrate before whom the Petitioners surrender and the sureties execute bond shall obtain a copy of their Identity Card, Aadhar Card or Voter Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo 2/4

affixed and attested by the Bank Manager as proof of Identity. (b) the Petitioners shall report before the Respondent Police daily at 10.00 a.m., until further orders.

(c) the Petitioners shall not influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court. (f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(g) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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SATHI KUMAR SUKUMARA KURUP., J.

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