Selvamani v. State Rep.By

C.V.KARTHIKEYAN, J.

The petitioners seek anticipatory bail in Crime No.329 of 2023 under Sections 147, 148, 294(b), 324, 427 of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent. 3.It is stated that the petitioners/accused and the defacto complainant are neighbours and they have a dispute with respect to the land and such dispute escalated into violence and assault. It is also stated that the petitioners had also given a complaint against the defacto complainant.

4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners herein 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 Vanur, on condition that each of the 1/4

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

[b] the petitioners 1, 2, 4 to appear before the respondent police every day at 10.30 am., for a period of two weeks and the petitioners 3, 5, 6 and 7, to appear 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 2/4

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.

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C.V.KARTHIKEYAN , J.

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