Anand @ Anandhan v. State Rep By

Dr.G.JAYACHANDRAN, J.

The petitioners, who apprehend arrest for the alleged offences under Sections 147, 148, 294(b), 341, 323, 324, 506(ii) of IPC in Crime No.231 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The learned Government Advocate submits that during the funeral ceremony, there occurred a clash between two groups and further there is a counter case registered against the defacto complainant. He also submits that the injured persons in this case were discharged from the hospital on the same day and other accused were arrested and enlarged on bail.

3. Considering the facts and circumstances of the case and also considering that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners. 4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial 1/4

Magistrate Court No.1, Thiruvottiyur on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- each (Rupees Twenty Five 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 his 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 not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer twice daily at 10.00 am and at 5.00 pm, until further orders and shall co-operate for investigation.

(d)the petitioners shall not abscond either during investigation or trial;

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(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 has 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.

09.03.2022 Sma/rgm 3/4

Dr.G.JAYACHANDRAN. J, Sma/rgm 09.03.2022 4/4