Chakravarthy v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offices under Sections 294(b), 323, 332, 353, 354 and 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.844 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is stated that the defacto complainant is the teacher, who had warned the son of the petitioners. Later the accused persons had gone over to the school and assaulted the said teacher. It is further stated that they had also used filthy language.

3. At any rate, taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. 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 Judge, Additional Mahila Court, Salem on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand 1/4

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, every day Morning at 10.30 a.m., and Evening at 5.30 p.m. until further orders; [c] the petitioners may voluntarily withdraw the admission of their son from his school and put him in another school. The status that, whether the condition is complied by the petitioners, should be ensured within two weeks. The learned Magistrate shall ensure that the condition is complied with by the petitioners;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either 2/4

during investigation or trial;

[f] 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];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC; 11.10.2023 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 11.10.2023 4/4