James @ Jams v. The Inspector Of Police,

C.V.KARTHIKEYAN, J.

The petitioners who apprehend arrest at the hands of the respondent Police for the offences registered under Sections 147, 148, 294(b), 307 and 506(ii) of IPC, in Crime No.15 of 2024 seek anticipatory bail.

2. The petitioners are arrayed as A1, A2 and A4. The case of the prosecution is that there was a cricket match between two teams. On 16.01.2024, owing to the said cricket match, there was a wordy quarrel and later, the quarrel escalated into violence.

3.It is stated that A1 and A2, by using knife, had caused injuries to the defacto complainant and the other accused had used sticks and hands. 4.Taking into consideration the fact that A4 had caused injuries to the defacto complainant by using stick, this Court is inclined to grant anticipatory bail to the third petitioner with certain conditions. 5.Sofar as the petitioners 1 and 2 are concerned, they had caused injuries to the defacto complainant by using knife, at this stage, this Court is not inclined to grant anticipatory bail to the petitioners 1 and 2. 6.Accordingly, this Criminal Original Petition is dismissed as 1/4

against the petitioners 1 and 2 and this Criminal Original Petition is ordered as against the third petitioner and the third 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, Attur, Salem on condition that the third petitioner shall execute a 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 third 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 third petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[c] the third petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the third petitioner shall not abscond either during investigation or trial;

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[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the third petitioner in accordance with law as if the conditions have been imposed and the third 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 12.03.2024 vkr C.V.KARTHIKEYAN, J.

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12.03.2024 (2/2) 4/4