Mala (A-1) v. State Rep. By

A.D.JAGADISH CHANDIRA, J.

Apprehending arrest in connection with Crime No.340 of 2024, registered for the offences punishable under Sections 296(b), 115(2) of BNS, r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, the present petition has been filed seeking anticipatory bail.

2.The case of the prosecution is that on 22.11.2024, at about 07.30 p.m., a wordy quarrel arose between the petitioners and the defacto complainant. The defacto complainant often helped the petitioners for the sum of Rs.10,00,000/- and 10 sovereign of gold ornaments, when the defacto complainant asked to return the same, the petitioners assaulted the defacto complainant and beaten him. Hence, the case. 3.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this court. He would further submit that it is a case and counter. The 1st petitioner registered a case in Crime No.339 of 2024. They are ready to abide by any stringent condition that may may be imposed by this Court.

4.The case of the prosecution as putforth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail, is that on 22.11.2024, at about 07.30 p.m., due to a financial dispute, a wordy quarrel arose between the petitioners and the defacto complainant. He would further submit that there is no previous case as against the petitioners.

5.Having heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate at Cheyyur, Chengalpattu District, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his Aadhar Card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two week and thereafter 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 of BNS.

10.12.2024 ah A.D.JAGADISH CHANDIRA, J.

ah

10.12.2024