Murugan v. State Rep By The Sub Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.351 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that, the petitioners have been falsely implicated as 1st to 4th accused in Crime No.351 of 2023 registered for the offences under Sections 294(b), 323, 324, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002. Apprehending arrest from the respondent police, this petition is filed.

3. In response, learned Government Advocate (Criminal side) submitted that, the occurrence had taken place on 18.09.2023. It is stated that when the petitioners herein demanded Rs.200/- from the defacto complainant as donation for the celebration of Vinayaka Chathurthi function, there was a 1/4

wordy quarrel between the parties. Petitioners had assaulted the sons of the defacto complainant. It is stated that the injured had taken treatment in the hospital and were discharged.

4. Taking an over all consideration of the entire issue, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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 No.II, Madurandakam on condition that the petitioners shall execute a separate 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, 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 2/4

their Aadhar card or Bank pass Book to ensure their identity.

[b] Each Petitioner is directed to deposit a sum of Rs.600/- to each one of the injured persons, and on production of such receipts, the petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[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;

[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 absconds, a fresh FIR can be registered under Section 229A IPC; 04.10.2023 mjs/gd 3/4

C.V.KARTHIKEYAN , J.

mjs/gd 04.10.2023 4/4