Kuppan v. The State Rep By Its

Crl.O.P.No.1102 of 2024 C.V.KARTHIKEYAN, J.

The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 324 and 307 of IPC in Crime No.488 of 2023, seek anticipatory bail.

2.It is stated that the defacto complainant had a relationship with the husband of A1. This had infuriated all the accused and they had all joined together and assaulted the defacto complainant. It is also stated that the defacto complainant had been discharged from the hospital. It is stated that these petitioners had caused the main injuries to the defacto complainant.

3.But however, taking all the factors into consideration the fact that the defacto complainant had been discharged from hospital and also the age of these two petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

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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, Polur, 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 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 weekly once i.e., on every Monday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation [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.

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[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.

30.01.2024 smv C.V.KARTHIKEYAN , J.

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smv Crl.O.P.No.1102 of 2024 30.01.2024 4/4