M. Saleema v. The Inspector Of Police,

C.V.KARTHIKEYAN, J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147,294(b),323,427,354A,354B,506 of I.P.C r/w Section 4 of the Tamil Nadu Protection of Harassment of Women Act 2002 and Section 3(1) of the Prevention of Damage to Public Property Act 1984 in Crime No.196 of 2023, seek anticipatory bail.

2. It is stated that A1 and A2 arrived at the petrol bunk where the defacto complainant is working and started speaking with a another woman worker. It is alleged that the two persons were asked to move from the petrol bunk. This led to a quarrel among them and thereafter, the quarrel escalated into violence.

3. It is stated by the learned counsel for the petitioners that the names of the petitioners does not found place in the F.I.R.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners subject to the

following conditions:

5. 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 on which the order copy made ready, before the Judicial Magistrate, Thirukazhukundram, Chengalpattu District on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for 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 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.

05.01.2024 smn

C.V.KARTHIKEYAN, J.

smn 05.01.2024