Manimaran v. State Rep By

Crl.O.P.No.3520 of 2024 C.V.KARTHIKEYAN,J.

The petitioners herein/accused in Cr.No.376 of 2023 which had been registered under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of IPC had prevented the defacto complainant and the family members from entering into the village of the petitioners owing to previous enmity and they had also assaulted them. Therefore, they seek anticipatory bail.

2. Taking into consideration the seriousness of the allegations and the direct overt acts alleged against the first petitioner

3. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the 2nd and 3rd petitioners subject to the following conditions:

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4. Accordingly, the 2nd and 3rd 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 District Munsif-Cum-Judicial Magistrate, Thirukkazhukundram, Chengalpattu District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 and 3rd petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. 2/4

[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.

5. With the above directions, this Criminal Original Petition in respect of the first petitioner stands dismissed. The Criminal Original Petition in respect of the second and third petitioners /A2 and A3 stands ordered.

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C.V.KARTHIKEYAN,J.

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