Shanmugasundaram v. The State Rep By Its,

K.KUMARESH BABU , J.

The petitioners seek anticipatory bail in Crime No.203 of 2024 registered by the respondent Police for the offences under Sections 442, 294 (b), 323 and 506(i) IPC.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal side).

3.It is stated that the defacto complainant is the wife of the first petitioner and daughter in law of the second petitioner. Due to some difference of opinion between the first petitioner and the defacto complainant, she left the matrimonial house and residing with her parents. On 10.04.2024, the petitioners went to the house of the defacto complainant, abused them using filthy language, picked up quarrel and assaulted them thereby causing injuries. It is also stated that the injured have been discharged from the hospital.

4.Taking all the factors into consideration and the fact that the injured have been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 1/4

5.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, Mayiladuthurai, on condition that the petitioners 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., until further orders. [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;

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[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;

08.05.2024 sli K.KUMARESH BABU , J.

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