K.Mari v. State Rep By

S.SOUNTHAR, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 307 of IPC, in Crime No.211 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are A2 and A3 and their son who is A1 attacked the defacto complainant's son with knife and caused injuries. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners have already been granted Anticipatory bail by this Court in Crl OP.No.23798 of 2022 and they failed to execute the sureties within the time stipulated in the order as he was unable to mobilise the funds and therefore. Prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for

the respondent police opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and that the petitioners on their own volition is ready to deposit some amount to the credit of the Crime Number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) each to the credit of Crime No.211 of 2022 within a period of fifteen days and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate I, Ponneri, Ranipet, on condition that the petitioner shall execute separate bonds for a sum of Rs.10,000/- each (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 petitioners are directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) each to the credit of Crime No.211 of 2022 within a period of fifteen days and the defacto complainant is permitted to withdraw the said deposit amount of Rs.20,000/- on proper identification and acknowledgement. [b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners are directed to appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not tamper the evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

04.05.2023 rka/rsi

S.SOUNTHAR, J., rka/rsi 04.05.2023