Rajendiran v. State Rep By Its

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 1998 in Cr.No. 27 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 31.01.2023, there was a wordy quarrel between the petitioners family and the defacto complainant's family, due to which, the petitioners attacked the defacto complainant and his family members using wooden log and due to which the defacto complainant sustained injuries in the head. Hence, the case. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. He further submits that there is a case in counter registered against the defacto complainant. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl.side) submits that there is a case in counter against the defacto complainant. He further submitted that the injured has been discharged from the hospital. Insofar as others are concerned, they sustained petty injury. Hence he vehemently oppose to grant Anticipatory bail to the petitioners.

5. Considering the fact that the it is a case and a case in counter, 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 District Munsif cum Judicial Magistrate, Uthiramerur, 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:

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(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 first petitioner shall report before the respondent police as and when required for interrogation and the second and third petitioners shall report before the respondent police every Sunday at 10:30 a.m. for a period of four weeks;

(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]; and;

T.V.THAMILSELVI, J.

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

15.02.2023 rap/skt 4/4