Dharmaseelan v. The State Rep By Its,

Crl.O.P.NO.2832 of 2023 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 324 and 506(ii) of IPC in Cr.No.2 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The petitioners are arrayed as accused Nos.1, 3 and 5 respectively. The case of the prosecution is that due to property dispute, the petitioners along with other accused person have attacked the defacto complainant and caused injuries. Based on the complaint, the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that injured

person has been discharged from the hospital.

5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 6.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 of receipt of a copy of this order, before the learned Judicial Magistrate-I, Namakkal, on condition that the petitioners shall execute a 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 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 Court concerned 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 every Tuesday and Sunday at 10.30 a.m.

(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 petitioner 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

09.02.2023 gbi

T.V.THAMILSELVI, J.

gbi Crl.O.P.NO.2832 of 2023 09.02.2023