R. Santhoshkumar v. Inspector Of Police

Crl.O.P.No.1432 of 2024 C.V.KARTHIKEYAN,J.

The petitioners in Crime No.701 of 2023 registered by the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC r/w Section 3(i) of Prevention of Damage to Public Property Act seek anticipatory bail.

2. It is stated that the FIR was registered on 26.12.2023. The petitioners are son and mother. The defacto complainant is the father-inlaw of the first petitioner. The first petitioner appears to have some marital issues with the daughter of the defacto complainant. He had gone over to the house of the defacto complainant and there, a quarrel arose which escalated into violence.

3. Taking all factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 1/4

conditions:

4. 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-II, Tindivanam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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:

[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 1st petitioner shall report before the respondent police on everyday at 10.30 a.m for a period of one week and the 2nd petitioner shall report before the respondent police as and when required for interrogation.

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[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 registered under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.1432 of 2024 30.01.2024 4/4