Karuppasamy v. The Inspector Of Police,

Crl.O.P.No.27173 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/Accused in Crime No.36 of 2023 registered under Sections 294(b), 324, 506(ii) of IPC and under Section 4 of Tamil Nadu Women Harassment Act, seeks anticipatory bail. FIR was registered on 22.11.2023.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that the petitioner herein had abused the de facto complainant which escalated into quarrel. However, taking all these factors into consideration, anticipatory bail is granted. 4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner herein with certain conditions.

5. 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 Additional Mahila Court at Tirupur, on condition that the petitioner shall execute a 1/4

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 to report before the respondent police everyday at 10.30 a.m., until further orders. Additionally, the petitioner must also file an affidavit before the Additional Mahila Court at Tiruppur that he would never interfere with the life of the de facto complainant or any member of the family of the de facto complainant and would stay away from all of them. If there is breach of any of these conditions, then the respondent, can file application seeking cancellation of this order.

[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.

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[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.

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C.V.KARTHIKEYAN , J.

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