Ajay v. The Inspector Of Police

R.HEMALATHA, J.

The petitioners, who apprehend arrest at the hands of the respondent police, have filed the present anticipatory bail petition.

2. There was a clash between two groups in a temple festival in which the accused had pelted stones on the de facto complainant and his friends and threatened them with dire consequences. Based on the complaint given by the de facto complainant, an FIR in Crime No.193 of 2024 was registered for the alleged offences punishable under Sections 147, 294(b), 336, 324 and 506(ii) of IPC.

3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

4. Considering the nature of the offence and the dispute between the parties and also taking note of the fact that the injured have been discharged

from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.

(i) the petitioners shall appear before the Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District, within a period of fifteen (15) days from the date of receipt of a copy of this order and execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, for like sum each to the satisfaction of the Judicial Magistrate, Thiruthuraipoondi. (ii) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) the petitioners shall appear before the respondent police daily at 10.00 a.m., and sign for four weeks and thereafter, on every Saturday for four weeks.

(iv) the petitioners shall not tamper with the evidence and shall not abscond either during investigation or during trial. (v) 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 are 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]; and (vi) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

22.04.2024 ham

R.HEMALATHA, J.

ham 22.04.2024