Eswaran v. The Sub 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, 324 and 506(ii) of the Indian Penal Code, 1860 and Section 4 of Tamil Nadu Prohibition of Women Harassment (TNPWH) Act, 1998, in Crime No.331 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that on 23.10.2022, due to previous enmity, the petitioners abused the de facto complainant with filthy language during the quarrel and also assaulted him. Hence the complaint.

3. The learned counsel for the petitioners would submits the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that it is a case and case in counter and based on the complaint given by the first

petitioner, a counter case in Crime No.330 of 2022 has been registered against the opposite party. Hence he seeks to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal side) would submits that this it is the case and case in counter. During the quarrel, the petitioners had abused the de facto complainant with filthy language and also assaulted him. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and the submission that it is a case and case in counter and further on the complaint given by the first petitioner, the counter case was also registered in Crime No.330 of 2022, this Court is inclined to grant anticipatory bail to the petitioners 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, Sulur, on condition that the each of the petitioner shall execute a separate 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 report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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.

A.D.JAGADISH CHANDIRA, J.

jas/arb [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 abscond, a fresh FIR can be registered under Section 229A IPC.

16.11.2022 jas/arb