Amsalingam v. State Rep By

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), 337 and 506(2) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.235 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to pathway dispute, there was a wordy quarrel between the petitioner and the de-facto complainant wherein the petitioner had attacked the de-facto complainant and also threatened that he would ran over the tractor on her. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to family dispute a false complaint has been given. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit due to pathway dispute, there was a wordy quarrel between the petitioner and the de-facto complainant wherein the petitioner had attacked the de-facto complainant and also threatened that he would run over the tractor on her. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. The learned counsel appearing for the intervenor would submit that the de-facto complainant is a widow and the petitioner is continuously harassing her and also assaulted her. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

6. At this juncture, the learned counsel for the petitioner would submit that the petitioner is prepared to stay away from the de-facto complainant.

7. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory

bail to the petitioner with certain conditions.

8. 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 No 1 of Pollachi, 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 stay at Thanjavur and report before the Inspector of Police, Thanjavur Town Police Station everyday at 10.30 a.m. and 5.30 p.m., until further orders.

A.D.JAGADISH CHANDIRA, J.

mpl [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.

14.10.2022 mpl