Suresh v. State Rep By

Crl.O.P.No.28445 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 147, 294(b), 323 IPC and Section 4 of TNPHW Act in Crime No.289 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 05.11.2022, due to matrimonial dispute, the accused had abused the defacto complainant one Ambika and assaulted her. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. Due to matrimonial dispute, a false complaint has been given against the petitioners. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent would submit that due to matrimonial dispute, the accused had abused the defacto complainant one Ambika and assaulted her. He

would submit that there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

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5. Taking into consideration the facts and the submissions, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 Judicial Magistrate Court No.2, Mettur on condition that the petitioners 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 daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday 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 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

A.D.JAGADISH CHANDIRA, J.

Anu Crl.O.P.No.28445 of 2022 25.11.2022