IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Sixteenth day of February Two Thousand Twenty Two

PRESENT

The Hon`ble Mr Justice R. PONGIAPPAN

CRIMINAL ORIGINAL PETITION No.3570 of 2022

1 MADESH [ PETITIONERS / ACCUSED ]

2 ANGAPPAN

3 SANKAR

4 GOVINDARAJAN

5 VENGADESH

Vs

INSPECTOR OF POLICE [ RESPONDENT ]

ROYAKOTTAI POLICE STATION,

KRISHNAKIRI DISTRICT,

CRIME NO.29 OF 2022

For Petitioner : M/S P.MUTHAMIZHSELVAKUMAR Advocate

For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners, who apprehend arrest for the alleged offences

under sections 147, 148, 294(b), 323, 324, Indian Penal Code 1882 R/W

Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime

No.29 of 2022, on the file of the respondent police, seeks

anticipatory bail.

2.The case of the prosecution is that due to family dispute, the

petitioners assaulted the defacto complainant. Hence, the defacto

complainant lodged a complaint before the Law Enforcing Agency.

3.The learned counsel appearing for the petitioners would submit

that the petitioners are innocent persons and they have been falsely

implicated in this case. Hence, he pleads for grant of anticipatory

bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for

the respondent police raised objection stating that the investigation

is pending. However, he admits that, during the alleged occurrence,

no one sustained injuries.

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5. The submissions made by the learned Counsel appearing on

either sides are considered.

6. The respondent police registered the case as against the

petitioners for the offenes punishable under sections 147, 148,

294(b), 323, 324, Indian Penal Code 1882 R/W Section 4 of Tamil Nadu

Prohibition of Women Harassment Act, among the said provisions except

Section 4 of Tamil Nadu Prohibition of Harassment and Women Act, 2002

other offences are bailable in nature. In otherwise, being the reason

that in the alleged occurrence, no one sustained injuries, custodial

interrogation may not be necessary for completing the investigation.

7.Taking note of all the above said aspects into consideration,

this Court is inclined to grant anticipatory bail to the petitioners.

8.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 Court, Thenkanikottai on

condition that the petitioners 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 respondent

police or the police officer who intends to arrest or to the

satisfaction of the learned Magistrate concerned and on further

condition that:

(a) the petitioners and the sureties shall affix his photographs

and left thumb impression in the surety bond and the Court concerned

may obtain a copy of their Aadhar card or Bank pass Book to ensure

their identity;

(b)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(c)the petitioners shall report before the respondent police

daily at 10.00 a.m. for a period of thirty(30) days and thereafter as

and when required for interrogation;

(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

h