Santhakumar v. The State, Rep By

K.KUMARESH BABU , J.

The petitioners seek anticipatory bail in Crime No.246 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323 and 506(i) of IPC.

2. The case of the prosecution is that due to wordy quarrel between the petitioners and the Defacto- Complainant, the petitioners Slapped the Defacto Complainant on his face.

3. The learned counsel appearing for the petitioners submitted that the 1st petitioner is the sole entrepreneur of the Nellai Sweets and Bakery and without any issues, the said Bakery was running for more than 20 years. The 2nd to 4th petitioners are labourers. Moreover, other 10 labourers were working under him and they all are totally dependent on the salary given by the 1st petitioner and consequently due to this issue, the shop was closed for nearly 10 days and ultimately the labourers who all are dependent on this shop were put to great hardship. Due to this apprehension, the petitioners bakery business were completely closed and totally 6 dependants who are 1/5

literally depend on the petitioners' bakery business income, if the petitioners are not released on bail, they all will be put to great hardship and suffer for their basic live hood.

4. The learned counsel petitioners submits that the petitioners are all innocent and had not committed any offence as alleged by the prosecution and the respondent police out of malicious complaint registered a false case against them. Hence, he prayed for grant of anticipatory bail to the petitioners.

5. Taking all the factors into consideration and the overt act as against these petitioners, I am 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 No.1,Thiruvallur, on condition that the petitioners 2/5

shall execute a separate bond 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 their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent police everyday at 10.00 a.m., for a period of two weeks 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];

3/5

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

09.05.2024 msv K.KUMARESH BABU , J.

msv 4/5

09.05.2024 5/5