Illanthendral @ Nandu Thendral v. State Rep By
C.V.KARTHIKEYAN,J.
The petitioner who apprehends arrest at the hands of the respondent Police for the offences under Sections 294(b), 323, 506(i) of IPC in Crime No.510 of 2023, seeks anticipatory bail. 2.The wife of the defacto complainant is the Panchayat President. It is stated that the Panchayat had given a contract to the defacto complainant to lay a road. In the course of laying the road, it appears that the contractor had demolished a water tank in which water was stored for supply to the public. This led to an altercation which led to violence leading to registration of the First Information Report.
3.Taking all the factors into consideration, though there is one previous case against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions: 4.Accordingly, the petitioner is ordered to be released on 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 District Munsif cum Judicial Magistrate, Ranipet on condition that the petitioner shall execute a 1/5
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: [a] 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 daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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].
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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
23.01.2024 vkr 3/5
C.V.KARTHIKEYAN,J.
Vkr 23.01.2024 4/5
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