Sakthivel And Others vs Inspector Of Police

P. Vadamalai, J

The petitioners/accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 341, 294(b), 323, 324 and 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.213 of 2023, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that due to previous motive, the petitioners herein and other accused have intercepted the defacto complainant and attacked her brutally and also abused her in filthy language. Hence, the complaint.

The learned counsel appearing for the petitioners submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. He would further submit that co-accused have already released on bail and hence, he prays for granting anticipatory bail.

The learned Additional Public Prosecutor appearing for the respondent police would submit that the injured was discharged from the hospital and the co-accused have already been released on bail. He would further submit that investigation of the case is pending and hence, strongly objected to granted bail to the petitioners.

Taking into consideration the facts and circumstances of the case and that the injured was discharged from the hospital and also the fact that the co-accused have already been released on bail, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Peraiyur, Madurai, on condition that the petitioners shall execute a 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 learned Magistrate concerned and on further conditions 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 Aadhaar 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 one month and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with the 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 is 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.