Nagesh v. Inspector Of Police

Crl.O.P.No.2373 of 2024 C.V.KARTHIKEYAN, J.

The petitioners/A1, A2, A3 & A4 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and r/w Section 4 of Women Harassment Act in Crime No.33 of 2024 on the file of the respondent, seek anticipatory bail.

2.It is stated that there was a dispute over playing cricket in the ground, which dispute escalated into violence, leading to lodging of complaint and registration of First Information Report. A counter complaint has also been given by the petitioners against the defacto complainant and others.

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

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 District Munsif -cum- Judicial Magistrate Court, Pallipattu, on condition that each one of 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 2nd, 3rd and 4th petitioners shall report before the respondent police every at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. The 1st petitioner shall report before the respondent police weekly once i.e., on every Monday at 10.30 a.m., for a period of two weeks.

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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.

14.02.2024 smv 3/4

C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.2373 of 2024 14.02.2024 4/4