K.Sathishkumar v. The State Rep By Its,
Crl.O.P.No.7990 of 2024 T.V.THAMILSELVI, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 285, 448 and 506(ii) of IPC and Section 4 of TNPWH Act, 2002 in Crime No.80 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused persons assaulted and abused the defacto complainant with filthy language. Hence, the complaint.
3. Heard both sides.
4. As per submission of the Government Advocate (Crl. side) no case was filed against petitioner 4, 6 and 11. Hence, the petition against these petitioners are dismissed.
5. In respect of other petitioners are concerned, the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in
the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 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 ( one must be blood 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police on every Wednesday at 10.30 a.m., for a period three months, and thereafter 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
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Crl.O.P.No.7990 of 2024 01.04.2024