Latha v. State Rep By

Dr.G.JAYACHANDRAN, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 506(ii) I.P.C in Crime No.387 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, due to previous enmity regarding property dispute, the present case has been registered against the petitioners alleging that the defacto complainant and his wife were attacked by the petitioners with hand and leg, causing simple injuries.

3. Considering the nature of injuries and cause for the attack, 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 their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Cuddalore - District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees Fifty thousand Only), 1/4

with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the Investigation Officer as and when required for interrogation; (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;

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

23.03.2022 Sma/dsn Dr.G.JAYACHANDRAN,J.

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