J.Saravanan v. The Inspector Of Police
A.D.JAGADISH CHANDIRA,J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 IPC read with Section 4 of TN Prohibition of Women Harassment Act, in Crime No.244 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that due to money dispute, the petitioners along with other accused assaulted and abused the defacto complainant with filthy language. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and false complaint has been lodged against him. He would further submit that counter case has been registered against the defacto complainant. Hence, he seeks for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that, due to the alleged occurrence, victim sustained simple injuries. He would further submit that, apart from this case, there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate III, Vellore on condition that the petitioners 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 petitioners 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 petitioners shall stay at Trichy and report before the Inspector of Police, Trichy Cantonment Police Station for a period of two weeks and thereafter report before the respondent police on every Saturday at 10.30.a.m., until further orders. [c] the petitioners shall not tamper with evidence or 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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Sma
A.D.JAGADISH CHANDIRA,J.
Sma 17.10.2022