T.Jaya v. State Rep. By

S.SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.185 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323, 506(i) of IPC.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in Crime No.185 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323, 506(i) of I.P.C. Thus, he seeks anticipatory bail to the petitioners.

3. The learned Government Advocate (Criminal side) stated that, on 18.05.2024 at about 10.30 p.m., when the 1st petitioner along with other persons came to jewel shop of defacto complainant and picked up quarrel with him by demanding money, he informed to them that he had settled entire amount and insisted them to return the signed cheque and property document from the 1st petitioner, but instead of returning the same, they abused him with filthy language and attacked him with cell phone as well as with hands, thereby caused injury to him and he was treated as out-patient. Now, investigation is almost completed. Thus, he prays for dismissal of this petition. 1/4

4. Taking all the factors into consideration and also of the fact that injured was treated as out-patient and investigation is almost completed, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 5.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 District Munsif cum Judicial Magistrate, Karimangalam on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 10.00.a.m., until further orders. 2/4

[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;

30.05.2024 rpp 3/4

S.SOUNTHAR , J.

rpp 30.05.2024 4/4