Baskar v. State Rep By

and Crl.M.P.No.549 of 2024 C.V.KARTHIKEYAN , J.

The petitioners/A1 to A5 in Crime No.178 of 2023 registered by the respondent Police for the offences punishable under Sections 448 and 324 of IPC, seek anticipatory bail.

2.There was a business relationship between the defacto complainant and one Muthupandi. It is stated that the defacto complainant had been cheated to a sum of Rs.27,00,000/- by the said Muthupandi. The defacto complainant had given a complaint with respect to that. On an earlier occasion also, the defacto complainant was attacked by several persons. It is also stated that these petitioners had trespassed into the office of the defacto complainant and caused injuries. The defacto complainant stated that he is facing threat from the said Muthupandi and stated that the Court should view the entire issue seriously.

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3. The learned counsel for the petitioners stated that these petitioners are not involved in the said offence. Let me take into consideration the entire issues and grant anticipatory bail to the petitioners subject to the following conditions:

4. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Coimbatore, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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: 2/5

[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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall stay at Kanyakumari District and report before the Nesamoni Nagar Police Station, Palace Road, Nagercoil, everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with 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 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 3/5

registered under Section 229A IPC.

5. Additionally, a direction is given to the respondent/the Inspector of Police, C-5, Kavundampalayam Police Station, Coimbatore, to file further report relating to the possibility of the involvement of Muthupandi in arranging, if not these petitioners, any other persons to threat and harm the defacto complainant. Let a further status report be filed before this Court particularly with respect to the involvement of Muthupandi.

6. For filing such a status report, List the matter on again on 27.02.2024 under the caption "for compliance". Consequently, connected miscellaneous petition is ordered.

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C.V.KARTHIKEYAN , J.

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