D.Purushothaman v. State Rep By

C.V.KARTHIKEYAN , J.

A memo had been filed by the learned counsel for the petitioner to correct the crime number from Crime No.998 of 2023 to Crime No.928 of 2023. Registry on the basis of the memo may correct the crime number before issuing the order copy and also in the complaint.

2.The petitioner/A1 seeks anticipatory bail in Crime No.928 of 2023, registered under Sections 294(b), 323, 324, 448 and 506(ii) IPC r/w Section 4 of Women Harassment Act with respect to an occurrence which took place on 12.11.2023.

3.It is the case of the prosecution that when the wife of the de facto complainant was standing in front of her house, the petitioner had assaulted with her with knife. However, the learned counsel for the petitioner stated that the de facto complainant had borrowed money and when the petitioner demanded, a false complaint had been given. Taking all these factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A1 with certain 1/4

conditions.

5.Accordingly, the petitioner/A1 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 at Gummudipoondi 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/A1 to appear before the respondent police every day at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; 2/4

[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 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 229A IPC;

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C.V.KARTHIKEYAN , J.

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