Shanmugam v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners seek anticipatory bail in Crime No.367 of 2023 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324, 448, 120B and 506(2) of I.P.C. 2.It is stated that there was an earlier case pending against the de-facto complainant under Sections 354D, 384 of I.P.C and Sections 66E and 67 of Information Technology 2000 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 on a complaint given by the first accused. It is further stated that the de-facto complainant was in possession of objectionable videos and photographs and the petitioners herein had gone over to the house of the de-facto complainant with an intention to demand return of the aforesaid videos and photographs. At that time, there was a wordy quarrel which escalated into violence leading to lodging of complaint and registration of F.I.R.

3. Taking all these facts into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4. 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 District Munsif-Cum-Judicial Magistrate, Annur, Coimbatore District on condition that the each petitioners shall execute a separate bond 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.

[b] the petitioners shall report before the respondent Police on every Saturday at 10.30a.m., for a period of three 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 abscond, a fresh FIR can be registered under Section 229A IPC.

23.11.2023 nvi

C.V.KARTHIKEYAN, J.

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