Kaveri 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), 341, 353, 336 of I.P.C and 3(1) of TNPPDL Act in Crime No.153 of 2022, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant Inspector of Police is that when they attempted to arrest A1, one Sivamurthy, friend of A1 along with the petitioner and others have abused them and also prevented them from discharging their official duty and damaged the wind shield of the police vehicle. Hence, the complaint.

3. The learned counsel for the petitioner would submit that there was a dispute between the first accused and the defacto complainant, the petitioner went to the scene of occurrence to pacify them, for which, the entire family members have been falsely implicated in this case. He would further submit that the main accused has been arrested and enlarged on bail. The petitioner is none other than the aunt of the first accused. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that

the petitioner along with others have abused the defacto complainant and her team and also prevented them from discharging their official duty and damaged the wind shield of the police vehicle. Further the main accused have been arrested and enlarged on bail. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. 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 her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court-I, Poonamalle 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 as and when required for interrogation.

[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.

17.10.2022 Vv

A.D.JAGADISH CHANDIRA, J.

Vv 17.10.2022