Kolanji 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 147, 148, 294(b), 323, 324, 506(ii) and 342 IPC in Crime No.53 of 2023, seek anticipatory bail.

2. The case of the prosecution is that due to the previous enmity between the parties, on 04.04.2023 at about 2.40 p.m., the petitioners along with other accused abused the defacto complainant with filthy language, 1st petitioner slapped in his cheek; 3rd accused assaulted him with wooden log on his back and hand; 2nd petitioner assaulted him with iron rod in his leg and shoulder, 3rd petitioner assaulted him with wooden log in his back, 4th petitioner slapped him, accused No.2, 3 and 4th petitioner pushed him down and kicked him indiscriminately and caused injuries to him, when his father intervened, accused No.2 and 3 pushed him down and they have taken the defacto complainant to their house and demanded Rs.10,00,000/- and also threatened them with dire

consequences. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners have nothing to do with the said allegation and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that already A2 and A3 were arrested and released on regular bail. However, he opposed for grant of anticipatory bail to the petitioners.

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

6. Having regard to the facts of the case and the nature of the allegation made against the petitioners and also of the fact that accused No.2 and 3 were granted bail, 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 Court No.I, Attur, 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 shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police once in a week at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

S.SOUNTHAR, J., rst/mp

[c] the petitioners shall not tamper the 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 absconds, a fresh FIR can be registered under Section 229A IPC.

05.05.2023 rst/mp