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Judgment
Dr. G.Jayachandran, J
The petitioners, who were arrested for the offences punishable under Sections 448, 294(b), 309 of IPC and Sections 3 and 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.74 of 2022, on the file of the respondent police, seek bail.
The Petitioners were arrested on 01.03.2022 based on the dying declaration given by one Sangeetha, alleging that these petitioners came to her house and abused her with filthy language due to previous enmity and unable to digest, she has immolated herself.
3.Learned Additional Public Prosecutor for the respondent states that the investigation is almost completed and the vicera report from the lab is awaited.
Taking note of the fact that the petitioners were arrested on 01.03.2022 and the investigation is almost completed, this Court is inclined to grant bail to these petitioners and accordingly, the petitioners are ordered to be released on bail subject to the following conditions;
(a) Each of the petitioners shall execute separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvottiyur;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioners are directed to report before the Investigating Officer daily at 10.30 a.m until further orders.
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Judicial 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.
