Karthik @ Karthikeyan v. State Rep. By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 294(b) 506 (i) of IPC and Section 4 of Women Harassment Act in Cr.No.426 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant is the grand mother of the victim. The defacto complainant's grand daughter named Verinica went to shop, at that time, the petitioner abused her with filthy language. Since the occurrence was informed by the victim girl to her grandmother/defacto complainant, the petitioner abused the defacto complainant and her grand daughter with an unparliamentary words and threatened her with dire consequence. Thereby, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that the petitioner called the victim girl by cell phone only. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent submits that the petitioner abused the defacto complainant and her grand daughter in an unparliamentary words and threatened them with dire consequence. He further submits that the investigation is also completed. Hence, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, and the learned Government Advocate (Crl.Side) appearing for the respondent that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Chengalpet on condition that the petitioner 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 petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 Saturday at 10.30 a.m., for a period of eight 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 anticipatory 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]; and;

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

23.12.2022 dk To Judicial Magistrate No.II, Chengalpet T.V.THAMILSELVI, J.

dk

Crl.O.P.No.25699 of 2022 23.12.2022