Dinesh @ Dinesh Kumar v. State Rep. By

V.LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 452, 294(b), 323, 307, 364 I.P.C, in Crime No.266 of 2023. on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's brother and one Ranjani were in love and his brother had married the said Ranjani and brought her to their house, due to which, the petitioner along with other accused tried to attack the defacto complainant with shovel and also beaten him, attacked and abused him in filthy language. Hence, the complaint.

3.Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

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4.Learned Government Advocate (Crl. Side) appearing for the respondent submitted that the petitioner, who is the maternal uncle of the girl Rajani who had married the brother of the defacto complainant without the consent of her family, had attacked the defacto complainant, threatened and abused him. However, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Avinashi, on condition that the petitioner shall execute a 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 Page No.2/4

learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 petitioner shall appear and report before the Tirunelveli Town Police Station daily at 10.30 a.m. and 6.00 p.m., for a period of four weeks, thereafter, as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner in accordance with law as if the conditions have been Page No.3/4

V.LAKSHMINARAYANAN, J.

kas 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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