Sankar v. State Rep By

C.V.KARTHIKEYAN , J.

The Petitioners/A2, A3, A4, A6 and A7 in Crime No.379 of 2023 registered by the respondent police for the offences under Sections 147, 294(b), 323 and 506(1) IPC read with Section 4 of TN Prohibition of Harassment of Women Act, 2002, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that owing to an existing dispute, the accused had cut the trees of the defacto complainant and this dispute had escalated into violence. Hence, this case.

3. The learned counsel for the Petitioners stated that the Petitioners had not committed any offence as alleged by the respondent and this case has been foisted against them. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. Accordingly, the Petitioners are ordered to be released on bail in the event of 1/4

arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Cheyyur, on condition that the petitioners 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 conditions 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 1st and 6th petitioners shall report before the respondent police daily at 10.30 a.m. for a period of one week and thereafter, as and when required for the interrogation and the 2nd, 3rd, 4th and 5th petitioners shall report before the respondent police as and when required for the interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. 2/4

[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.

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C.V.KARTHIKEYAN , J.

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