Prem Alias Premkumar v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioners/A4 and A8, seek anticipatory bail in Crime No.1244 of 2023 registered by the Respondent Police for the offences under Sections 147, 148, 294(b), 323, 324 and 307 of IPC.

2. It is stated that the defacto complainant and his friend Sundaram were going by bike when the Accused A1 and A2 were also similarly travelling and there was an altercation between them. This happened on 13.11.2023. On the next day, on 14.11.2023 at around 11.00 a.m., all the Accused persons surrounded the defacto complainant in his house and attacked him.

3. It is stated that the injured has been discharged from hospital. It is also stated that the Accused A2, A3 and A5 had been granted bail in Crl.O.P.No.28279 of 2023 by an order dated 19.12.2023.

4. Taking that factor and all the surrounding factors into consideration, this Court is inclined to grant anticipatory bail to the 1/4

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 Judicial Magistrate No - 4, Salem, on condition that the petitioners shall execute a 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: [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 report before the Respondent Police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[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 registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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