Deivasigamani v. State Rep. By

C.V.KARTHIKEYAN , J.

The Petitioner/A1 seeks anticipatory bail in Crime No.4 of 2023 registered by the respondent police for the offences under sections 323, 498A and 506(i) IPC read with Section 4 of Tamilnadu Prohibition of Women Harassment Act, 2002.

2. The defacto complainant is the wife of the Petitioner herein. The marriage took place on 28.08.2021 and they also have a female child. It is stated by the learned Government Advocate (Criminal Side) that the Petitioner had not appeared during the investigation process. Interim protection was therefore given and the Respondent was directed to issue notice under Section 41(A) of Code of Criminal Procedure.

3. It is now reported that the Petitioner appeared before the Investigating Officer. In view of this fact and since the investigation has been completed, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen 1/4

days from the date on which the order copy made ready, before the learned Judicial Magistrate, Additional Mahila Court, Chengalpattu, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police once in a week i.e., every Saturday at 10.30 a.m., for a period of two weeks and thereafter, during Court hearing dates.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

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C.V.KARTHIKEYAN , J.

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