Farsthbanu v. The State Rep By Its,

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 302, 506(ii) r/w 109, 201 of IPC in Crime No.99 of 2022, seeks anticipatory bail.

2.The case of the prosecution due to wordy quarrel, A1 is a married man, who is alleged to have illegal intimacy with the victim girl. The victim girl alleged to have posted private photos along with the petitioner in the social media. When the same was questioned by A1, due to wordy quarrel, A1 assaulted the victim and she succumbed to injuries. Hence the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he nothing to do with the alleged offence. He would further submit that the petitioner is ready to abide by

any stringed conditions as imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that the accused had assaulted the victim, due to which, she succumbed to injuries. He would submit that main accused in this case has been arrested and still in jail. The co accused in this case have been arrested and released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Erode on condition that each of 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 Every Wednesday at 10.30 am for a period of eight weeks and thereafter, as and when required.

T.V.THAMILSELVI,J.

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

23.12.2022 shk