A Boologam And 2 Others v. State Rep. By The Sub Inspector Of Police

Crl.O.P.No.5158 of 2023 T.V.THAMILSELVI, J.

The petitioners, who apprehends arrest for the alleged offence under Sections 294(b),323,324 and 506(2) of I.P.C in Crime No.62 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant with broom sticks and also broken the windows in the house of the defacto complainant. Hence the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to previous enmity between the petitioners and the defacto complainant, the petitioners attacked the defacto

complainant with broom sticks and also broken the windows in the house of the defacto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the fact that only due to previous enmity the occurrence took place, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Uthiramerur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties (out of which one must be a blood related surety) 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first and second petitioners shall report before the respondent police as and when required for interrogation. The third petitioner shall report before the respondent police on every Tuesday at 10:30 a.m for a period of four weeks.

(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 anticipatory 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.

03.03.2023 smn

T.V.THAMILSELVI, J.

smn Crl.O.P.No.5158 of 2023 03.03.2023