Rajendran v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 506(i) of IPC in Crime No.805 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to matrimonial dispute, the petitioner assaulted her and her daughter. Hence the complaint.

3. The learned counsel for the petitioner submits that the petitioner is innocent and other than questioning the de facto complainant about the harassment, the petitioner has not committed any offences. Hence he seeks anticipatory bail for the petitioner.

4. Per contra, the learned Government Advocate (Criminal side) submits that the petitioner assaulted the de facto complainant's son and when the de facto complainant questioned the petitioners about the

harassment, the petitioners assaulted her and her daughter. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel on both sides and perused the materials available on record.

6. Taking into consideration the facts and submissions made on both sides, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 I, Poonamallee, on condition that the each of the first 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 everyday at 10.30 a.m., until further orders. [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].

A.D.JAGADISH CHANDIRA, J.

nsa/arb [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

20.10.2022 nsa/arb