Kuthus v. State Rep By

C.SARAVANAN, J.

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 336 & 506(ii) of IPC in Crime No.19 of 2024, seek anticipatory bail before this Court.

2. The petitioners and the defacto complainant are neighbours. The case of the prosecution is that due to the previous enmity, on 27.01.2024, it is alleged that the petitioners along with others abused and assaulted the defacto complainant. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners were also injured by the defacto complainant.

4. The learned Government Advocate (Crl. side) on instructions would submit that the injured defacto complainant has been discharged from the hospital.

5. Considering the averments stated in the petition as well as the submissions made by the learned counsel for the petitioner and the respondent, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners to donate a sum of Rs.5,000/- (Rupees Five Thousand only) each in favour of Blue Cross Society, Chennai along with other conditions stated hereunder:

6. Accordingly, the petitioners are directed to donate a sum of Rs.5,000/- (Rupees Five Thousand only) each to the Blue Cross of India, Blue Cross Avenue, No.72, Velacherry Road, Guindy, Chennai 600 032 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 made ready, before the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai, on condition that the petitioners shall execute 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 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 petitioner 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 abscond, a fresh FIR can be registered under Section 229A IPC.

23.05.2024 vum

C.SARAVANAN, J.

vum 23.05.2024