Dhinakaran v. The State Rep By,The Inspector Of Police

S.SOUNTHAR, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 352 and 506(i) of I.P.C. in Crime No.151 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that during the marriage dinner event conducted by the de-facto complainant, there was a wordy quarrel arose between the petitioners and de-facto complainant, whereby the petitioners along with A-1 assaulted and threatened the de-facto complainant. Hence, a case has been registered against the petitioners and other accused.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that there is a case in counter and hence, he seeks for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that there is a case in counter and no one was injured in the said incident. However, he opposed to grant anticipatory bail to the petitioners.

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

6. Considering the above facts and circumstances of the case and the submissions made on both sides and also of the fact that there is a case in counter and no one was injured in the said incident, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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-II, Mannargudi, on condition that the petitioners shall execute separate bonds 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 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 his Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, report before the respondent police 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

S.SOUNTHAR, J., rsi/rka 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.

04.05.2023 rsi/rka