Vishwanathan v. The State Of Tamil Nadu
Crl.O.P.No. 27949 of 2024 A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 126(2), 296(b), 115(2), 351(3) of BNS and Section 4 of Tamilnadu Prohibition Harrasment of Women Act, 2002 in Crime No.485 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that during a wordy quarrel between the defacto complainant and the petitioners regarding the property dispute, the petitioner abused, intimidated and assaulted the defacto complainant. Hence, the case.
3. The learned counsel for the petitioner would submit that there is a property dispute between the parties for several years and initially the petitioner / A2 lodged a complaint against the defacto complainant and his wife and the same has been registered in Crime No.484 of 2024, to which the defacto complainant given a counter case
against the petitioners with false statement. He would further submit that the case was registered in order to harass the petitioners and the petitioners are ready to furnish sufficient sureties and also abide by any condition imposed by this Court.
4. The learned Additional Public Prosecutor (Crl. Side) would submit that there is a wordy quarrel between the defacto complainant and petitioners regarding the property. He would further submit that the investigation is pending.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and perused the entire materials available on record. 6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioners with certain conditions.
7. 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 V-Metropolitan Judicial Magistrate, Egmore, 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, 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 station everyday at 10.30 a.m, for a period of two weeks and thereafter shall appear before the respondent police on every Saturday at 10.30 a.m. until further orders.
[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 absconds, a fresh FIR can be registered under Section 269 BNS.
08.11.2024 kkn
A.D.JAGADISH CHANDIRA, J.
KKN Crl.O.P.No. 27949 of 2024 08.11.2024