Shanthi v. The Sub Inspector Of Police,

C.V.KARTHIKEYAN , J.

The Petitioners seek anticipatory bail in Crime No.867 of 2023 registered by the Respondent Police for the offences under Sections 294(b) and 323 IPC read with Section 4 of Tamil Nadu Harassment of Women Act.

2. It is stated by the learned Government Advocate (Criminal Side) that the Petitioners had also given a complaint against the defacto complainant in which the defacto complainant had obtained anticipatory bail. It is stated that the Petitioners and the defacto complainant are neighbours and had an existing quarrel which escalated into violence. Hence, this case.

3. The learned counsel for the Petitioners stated that the Petitioners are innocent persons and they were no way connected with the said offence and they have been falsely implicated in this case. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4. Taking all the factors into consideration, this Court is inclined to 1/4

grant anticipatory bail to the Petitioners with certain conditions. 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 District Munsif cum Judicial Magistrate, Madhavaram, on condition that the petitioners 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 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 3rd and 4th petitioners shall report before the Respondent Police daily at 10.30 a.m., for a period of two weeks and the 2nd petitioner shall report before the Respondent Police once in a week i.e., on every Saturday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation and the 1st petitioner shall 2/4

report before the Respondent Police as and when required for the 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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