R Ajith v. State Rep By

Crl.O.P.No.995 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A1 and A2 in Crime No.8 of 2024 registered by the respondent police for the offences punishable under Sections 341, 294(b), 324 and 506(2) of IPC seek anticipatory bail .

2. It is stated that there was a quarrel between the defacto complainant and the petitioners herein owing to removal of shed and that quarrel escalated into violence.

3. The defacto complainant is also represented by learned counsel and an intervening application is also been filed. It is stated that the two petitioners with the use of iron rod and wooden rod had caused injuries in the lip and cheek of the defacto complainant. It is also stated by the learned counsel, that these petitioners regularly cause nuisance.

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

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5. 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 Munsif-Cum-Judicial Magistrate, Gummidipoondi 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 petitioners shall jointly deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.8 of 2024 and on such deposit, the learned Munsif-Cum-Judicial Magistrate, Gummidipoondi may hand over a sum of Rs.5,000/- to the defacto complainant on proper identification and acknowledgement and retain 2/4

a sum of Rs.5,000/- in any fixed deposit which earns interest and on conclusion of trial, if the petitioners are acquitted, hand it over the same to the petitioners/A1 and A2, if the petitioners are convicted hand over that Rs.5000/- together with interest to the defacto complainant. [c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] 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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