Rajendiran v. The State Rep By

S.SOUNTHAR , J.

The Petitioners/Accused in Crime No.184 of 2024 registered by the respondent police for the offences under Sections 294(b), 323, 324 & 506(ii)IPC, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the petitioners and the defacto complainant are relatives and neighbours and that on the date of occurrence, the second petitioner herein had pushed down the defacto complainant's granddaughter, while the temple festival was being celebrated by the village people, by mistake and consequently, a wordy quarrel arose between the parties, which escalated into violence. Hence, this case. He further added that the case has been registered against the petitioners 1, 2 and 4 in Crime No.184 of 2024 on the file of the respondent police and that the petitioners 3, 5 and 6 are not arrayed as accused in the FIR.

3. The learned counsel for the Petitioners stated that the Petitioners are innocent persons and have not committed any offence as alleged. They 1/4

have been falsely implicated in this case. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4.In view of the submissions made by the learned Government Advocate (Criminal Side), this petition is dismissed in so far as petitioners 3, 5 and 6 are concerned.

5. Having regard to the allegation made against the petitioners 1, 2 and 4 and the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners 1, 2 and 4 subject to the following conditions. Accordingly, the Petitioners 1, 2 and 4 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 D.M.cum.J.M.Ranipet, on condition that the petitioners 1, 2 and 4 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 conditions that : 2/4

[a] the petitioners 1, 2 and 4 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 1, 2 and 4 shall report before the respondent police daily at 10.30 a.m. until further orders. [c] the petitioners 1, 2 and 4 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 1, 2 and 4 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 1, 2 and 4 in accordance with law as if the conditions have been imposed and the petitioners 1, 2 and 4 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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S.SOUNTHAR , J.

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