Velu @ Chandrabalan v. Inspector Of Police

Crl.O.P.No.26633 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 448, 294(b), 323, 506(ii) IPC and Section 4 of Tamil Nadu Women Harassment Act in Crime No.195 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the daughter of the defacto complainant eloped with the petitioner and got married. Thereafter, due to some misunderstanding, she left her matrimonial house and went to her parental house. While so, on 21.10.2022, the petitioner along with other accused trespassed into the house of the defacto complainant and abused him and his family members in filthy language and also harassed and intimidated them with dire consequences. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely

implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner, who is the husband of the defacto complainant's daughter along with other accused had trespassed into the house of the defacto complainant and abused him and his family members in filthy language and also harassed and intimidated them with dire consequences. Hence, he opposed to grant anticipatory bail to the petitioner.

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5. Taking into consideration the facts and the submissions, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

6. 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-II, Krishnagiri 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 daily 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

A.D.JAGADISH CHANDIRA, J.

Anu and the petitioner released on bail by the learned Magistrate/Trial Courthimself 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 abscond, a fresh FIR can be registered under Section 229A IPC.

25.11.2022 Anu Crl.O.P.No.26633 of 2022