Arun @ Anji @ Arunkumar v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner/accused seeks anticipatory bail in Crime No.103 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, 1860.

2. It is stated that A1 and A2 had been arrested and granted bail and A4 is absconding. It is also stated that there is an existing dipute between the family members of the accused and the family members of the defacto complainant. It is further stated that the Uncle of the defacto complainant was abused the accused persons. The accused persons went over to that house. They did not find the uncle, but found the defacto complainant and assaulted him and caused injuries.

3. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail subject to the following conditions:

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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, Arakkonam on condition that the 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 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 on every Saturday 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.

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[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.

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C.V.KARTHIKEYAN , J.

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