Deva v. State Represented By

C.SARAVANAN, J.

The petitioners/A1 & A2 apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.205 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the son of A2, who born through the first wife and A1 is the stepson of A2. On 07.03.2024, the 2nd accused and the defacto complainant were talking and after some point of time, heated arguments were escalated. Thereafter, the father / A2 along with his stepson / A1, attacked the defacto complainant with iron rod. Hence, the case.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) submits that the de facto complainant/injured has been discharged from the hospital. She further Page No.1 of 4

submits that no previous case is pending against the petitioner.

5. Considering the facts and the submission made by the learned Government Advocate (Criminal side) that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail subject to a condition that the petitioners have to donate a sum of Rs.20,000/- to any registered Orphanage in Perambalur District, without prejudice to his defence.

6. Accordingly, the petitioners are directed to donate a sum of Rs.20,000/- (Rupees twenty thousand only) jointly to any registered Orphanage in Perambalur District and on production of proof for the same, 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 is made ready, before the learned Judicial Magistrate No.I, Perambalur, Perambalur District and on the 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:

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[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 daily at 10.30 am 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];

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

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C.SARAVANAN, J.

smv 24.05.2024 Page No.4 of 4