Vicky @ Vignesh v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioner/A1 & A2 seek anticipatory bail in Crime No.54 of 2024 registered by the respondent Police for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC, with respect to an occurrence which took place on 10.02.2024.

2. It is the case of the prosecution that the defacto complainant was operating a JCB Machine in the village of the petitioner. This was stopped by the petitioner, since the defacto complainant belonged to another village. The quarrel escalated into violence.

3. Objection had been raised on behalf of the respondent by pointing out the antecedent of the petitioner. So far as the first petitioner is concerned, there are eight previous cases and so far as the second petitioner is concerned there are eighteen previous cases. The Court had also examined the nature of the case which also included offences relating to assaults. 1/4

4. However, taking all the other factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Judicial Magistrate Court, Sriperumbudur, on condition that the petitioner 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 petitioners shall report before the respondent police everyday morning at 10.30 a.m., and afternoon at 2.00 p.m, and evening 6.00 p.m., until further orders. [c] the petitioners shall not tamper with evidence or 2/4

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.

29.02.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr 29.02.2024 4/4