Mohan Narayanan v. State Rep By,
T.V.THAMILSELVI, J.
The petitioners, who apprehends arrest for the alleged offence punishable under Sections 294(B), 323, 324, 506(2) of IPC and Section 4 of Woman Harassment Act in Crime No.54 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel with regard to garbage bunch between the defacto complainant and the petitioners, one Santhosh had assaulted the defacto complainant due to which, she sustained injuries. Hence the complaint.
3. The learned counsel appearing for the petitioner submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submit that due to wordy quarrel with regard to garbage
bunch, one santhosh had assaulted the defacto complainant due to which, she sustained injuries. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ulundurpet, Kallakurichi District 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 are directed to report before the respondent police 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.
[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];
T.V.THAMILSELVI, J.
nr [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
01.02.2023 nr