Anand vs Sub Inspector Of Police

B.Pugalendhi, J

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 323, 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.52 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 27.02.2024, when the defacto complainant was returning from the work along with her son, the petitioner has waylaid and abused her in filthy language and also slapped her. Hence, this complaint.

3.It is reported by the learned Additional Public Prosecutor that the major offence is 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act.

4.Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner.

5.Accordingly, this criminal original petition is allowed and 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 of receipt of a copy of this order, before the Judicial Magistrate Court, Paramakudi on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police as and when required.

[c]the petitioner shall not tamper with the 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 absconds, a fresh FIR can be registered under Section 229-A IPC.