Ayyappan v. The State Rep By

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.81 of 2024 registered by the respondent Police for the offences under Sections 341, 294(b), 323, 324, 427 and 506(ii) of IPC.

2. The case of the prosecution is that the defacto complainant along with his friends while returning home by car, at that time, the petitioners along with his friends stopped the car, assaulted and attacked the defacto complainant and his friends with knife point and threatened them with dire consequences and also damaged the car. 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.81 of 2024 registered by the respondent Police. Thus, he seeks anticipatory bail to the petitioners.

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4. Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal side) submit that the petitioners along with other accused persons assaulted and attacked the defacto complainant and his friends with knife and threatened them with dire consequences and also damaged the car. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking all the factors into consideration, 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 Judicial Magistrate No.II, Mannargudi, 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 2/4

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] each of the petitioners shall deposit a sum of Rs.10,000/- to the credit of Crime No.81 of 2024, within a period of two weeks from today.

[c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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];

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

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S.SOUNTHAR , J.

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