Mathan v. The State Rep By
C.SARAVANAN, J.
The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC r/w 4 of TN Prohibition of Harassment of Women Act, 2002 r/w 27(1) of Arms Act, in Crime No.457 of 2024, seek anticipatory bail.
2. Learned counsel for the petitioners submits that the occurrence took place on 14.04.2024, whereas, the complaint was lodged by the complainant only on 24.04.2024. He further submits that some of the co-accused (A1, A2, A3, A6 & A8) have been granted bail by the learned Judicial Magistrate, Tiruttani in Crl.M.P.No.2741 of 2024 vide order dated 02.05.2024.
3. Learned Government Advocate (Criminal Side) confirms that the coaccused have been enlarged on bail and also submits that the petitioners have not involved in any other crime.
4. Heard the learned counsel appearing for both the petitioners and the intervenor and the learned Government Advocate (Criminal Side) appearing for the respondent Police and perused the materials available on record. Page No.1 of 5
5. The petitioner in Crl.O.P.No.12326 of 2024 is arrayed as A5 and first petitioner in Crl.O.P.No.12243 of 2024 is not a named accused in this case and the second petitioner is arrayed as A4.
6. It appears that due to the previous enmity, the petitioners along with some other accused, taken the de facto complainant's brother to a cricket ground, abused him in a filthy language and assaulted him with cricket bat and wicket in a scuffle. It also appears that the injured was treated as out patient.
7. Considering the facts and the submission made by the learned counsel on either side, taking note of the fact that the co-accused have been enlarged on bail and also considering the age of the petitioners, this Court is inclined to grant anticipatory bail subject to a condition that the petitioners have to donate a sum of Rs.15,000/- each to any registered Orphanage in Tiruvallur District, without prejudice to their defence.
8. Accordingly, the petitioners are directed to donate a sum of Rs.15,000/- (Rupees Fifteen thousand only) each to any registered Orphanage in Tiruvallur District and on production of proof for the same, the petitioners Page No.2 of 5
are ordered to be released on bail in the event of arrest or on their appearance, within a period of two weeks from the date on which the order copy is made ready, before the learned Judicial Magistrate, Tiruttani, on condition that the petitioners shall execute separate bond each 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 10.30 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 Page No.3 of 5
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.
23.05.2024 ham Page No.4 of 5
C.SARAVANAN, J.
ham 23.05.2024 Page No.5 of 5