Crl.O.P.No.12828 of 2024
Crl.O.P.No.12828 of 2024
S . SOUNTHAR , J.
The petitioner herein seeks anticipatory bail in Crime No.108 of 2024
registered by the respondent Police for the offences punishable under Sections
294(b), 341, 352, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of
Harassment of Women Act, 2002.
2. The case of the prosecution is that the defacto complainant is the
employee in "Chitra Studios". The said premises is owned by one Mohan
Reddiyar who is the petitioner herein. On 21.01.2024, when the defacto
complainant went to use the washroom which is the common toilet, she found
it was locked. When enquired, the petitioner developed a wordy quarrel with
the defacto complainant and threatened her. Hence, this case.
3. Learned counsel for the petitioner submitted that the petitioner is
an innocent person and he is nothing to do with the alleged offence. He
further submitted that a false case has been foisted against the petitioner.
Hence, he seeks anticipatory bail to the petitioner.
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4. Learned Government Advocate (Criminal side) for the respondent
submitted that the petitioner is the sole accused and he abused the defacto
complainant with filthy language and threatened her. There was one previous
case of similar nature against the petitioner. Hence, he opposed for grant of
anticipatory bail to the petitioner.
5. Taking into consideration the nature of the allegations made against
the petitioner and all other attendant circumstances, I am inclined to grant
anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on anticipatory
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 learned
Additional Mahila Court, Chengalpattu on condition that the petitioner shall
execute separate bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand
dismissed and on further condition that:
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Crl.O.P.No.12828 of 2024
[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 Aadhar card
or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent
police everyday at 10.00.a.m., until further orders.
[c] the petitioner shall not tamper with 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 229A IPC;
30.05.2024
gsk
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Crl.O.P.No.12828 of 2024
S . SOUNTHAR , J.
gsk
Crl.O.P.No.12828 of 2024
30.05.2024
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