M.Karunanithi v. State Rep By

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offence under Sections 294(b), 506(ii) IPC r/w Section 4 of TN Prohibition of Harrassment of Women Act, 2002 in Crime No.770 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are in-laws to the defacto complainant. The defacto complainant has lodged a complaint against her husband Parthipan (A1) that he is having illegal relationship with many women and further filed divorce proceedings against her. Further it is averred that the said Parthiban (A1) had threatened the defacto complainant to withdraw the complaint lodged against him. Hence, the case. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. Learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl side) submits that the petitioners are in-laws of the defacto complainant and they tortured the defacto complainant. He vehemently oppose for granting anticipatory bail to the petitioners.

5. A perusal of the materials reveal that serious allegation are made only against A-1 and not against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

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 of receipt of a copy of this order, before the learned Additional Mahila Court (Magistrate Level), Coimbatore on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

12.12.2022 dpq

T.V.THAMILSELVI, J.

dpq 12.12.2022