A. Bala Venkatesh v. The Inspector Of Police,
C.V.KARTHIKEYAN, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 324 of I.P.C in Crime No.389 of 2023, seeks anticipatory bail.
2. It is stated that this petitioner is the father-in-law of the defacto complainant. There was a dispute between the petitioner and his wife and the defacto complainant tried to solve the issue amicably. But a dispute arose among them, which escalated into violence and assault. 3.Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail subject to the following conditions:
4. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Hosur, Krishnagiri District 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 this Court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner 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 petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 petitioner 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.
01.03.2024 smn C.V.KARTHIKEYAN, J.
smn 01.03.2024