Sujayath Ahamed v. The State Rep By Its

Crl.O.P.No.25755 of 2023 C.V.KARTHIKEYAN,J.

The petitioners seek anticipatory bail in Cr.No.489 of 2023 registered by the respondent police for the offences punishable under Sections 448, 427, 506(i) of IPC and 21(1) of Tamil Nadu Prohibition of Women Harassment Act and subsequently, altered into Sections 354, 294(b), 448, 427, 451, 506(ii) r/w 4 of Tamil Nadu Prohibition of Women Harassment Act.

2. It is stated that though the petitioners and the respondents are relatives. There is on going civil dispute and consequent to that, the petitioners are alleged to have trespassed into the house of the defacto complainant and damaged C.C.TV Cameras and also attacked the defacto complainant's son. It is also stated that there is also a counter complaint given by the petitioners against the defacto complainant. 1/4

3. In view of all those facts, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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-II, Poonamalle on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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.

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[b] the first, third and fourth 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 and the second petitioner shall appear before the respondent police on every Saturday 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.

[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.

10.11.2023 Vv 3/4

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.25755 of 2023 10.11.2023 4/4