Anbu Murugan v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C. in Crime No.450 of 2024, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution as per the defacto complainant Menaga is that the petitioner along with his friend had abused the defacto complainant, who is wife of petitioner and also locked the house belonging to the defacto complainant and harassed her. Hence, this case.
3. The learned counsel appearing for the petitioner submitted that due to matrimonial dispute, a false complaint has been registered against the petitioner and he is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed for grant of anticipatory bail to the petitioner stating that totally two accused were involved in this case and
A1 is husband of defacto complainant and A2 is his friend. He would submit that due to a matrimonial dispute, he has locked the house belonging to the defacto complainant.
5. Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the fact that due to matrimonial dispute, this case has been registered against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 learned Judicial Magistrate No.I, Mannargudi, on condition that the petitioner shall execute a separate 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 everyday at 06.30 p.m. for the period of two weeks and thereafter on every Saturday at 06.30 p.m. until further orders.
[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 abscond, a fresh FIR can be registered under Section 269 of B.N.S. 18.11.2024 rpp
A.D.JAGADISH CHANDIRA, J., rpp 18.11.2024