Selvakumar v. Sate Rep By

Crl.O.P.No.22081 of 2024 P.DHANABAL, J.

The petitioners apprehends arrest for the alleged offences under Section 191(2), 191(3), 296(b), 115(2), 118(1), 324(4), 324(5), 351(3) BNS, Act 2023 r/w under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2022, in Crime No.185 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that due to rash and negligent driving of one Vijai, vehicle of the father in law of the second petitioner got damaged. Due to which, the petitioners and their relatives abused the defacto complainant and attacked the defacto complainant with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are an innocent person and they have not committed any such offence as alleged by the prosecution. The petitioners have been falsely implicated in this case. The learned counsel for the petitioners further submitted that the petitioners are also made complaint as against the defacto complainant and others before the respondent and the same was 1/5

registered as Crime No. 186 of 2024. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioners.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the petitioners and their relatives abused and attacked the defacto complainant with dire consequences and and further, considering the gravity of offence, he opposed for grant of anticipatory bail to the petitioner.

5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioners and also considering that there is a property dispute between the parties and injured was discharged from hospital and there is a case in counter and also considering that co-accused was arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the Judicial Magistrate No. II, Vriddhachalam, Cuddalore on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall report before the respondent police on every Saturday, for a period of four weeks. [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioners shall not leave India without the previous permission of the Court.

[d] the petitioners shall not abscond either during investigation or trial.

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[e] the petitioners shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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P.DHANABAL, J.

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