Chandran v. State Rep. By

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.61 of 2024 registered by the respondent Police for the offences under Sections 294(b), 324 and 506(ii) of IPC.

2. The case of the prosecution is that on the date of occurrence, there was a dispute between the defacto complainant and the accused who are son, daughter-in-law and grandson of the defacto complainant in respect of leakage of drainage water in the common pathway. At that time, the 1st petitioner who is the son of the defacto complainant and the 3rd accused who is the grandson of the defacto complainant attacked the defacto complainant resulting him in sustaining injuries. Hence, the complaint.

3. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.61 of 2024 registered by the respondent Police for the offences under Sections 294(b), 324 and 506(ii) of IPC. Thus, he seeks anticipatory bail to the 1/4

petitioners.

4. The learned Government Advocate (Crl. Side) would submit that injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking all the factors into consideration and also the fact injured has been discharged, 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 District Munsif and Judicial Magistrate, Edapadi, 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: 2/4

[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 on every Saturday at 10.00.a.m., for a period of four weeks.

[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; 3/4

29.05.2024 jas S.SOUNTHAR , J.

jas 29.05.2024 4/4