Subash, v. The States Represented By

T.V.THAMIILSELVI, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 352, 323, 354 and 506(i) of Indian Penal Code, 1860 in Crime No.163 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel appearing for the petitioners submitted that the petitioners are an innocent persons and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

3. The learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that due to wordy quarrel, the petitioners abused the defacto complainant in filthy language and assaulted him. He further submits that it is a case and case in counter in Crime No.164 of 2024.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the both counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate, Tharangampadi, 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 and on further condition that:

[a] the petitioners shall deposit a sum of Rs.10,000/- [Rupees Ten Thousand only] each to the credit of Crime No.163 of 2024 within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below and on such deposit, the victim is permitted to withdraw the same on filing of affidavit and proper identification and authorization;

[b] the petitioners and the sureties shall affix their

photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] the petitioners shall report before the respondent police on alternate days at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

[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 petitioners in accordance with law as if the conditions has been imposed and the petitioners are released on anticipatory 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]; and;

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

24.06.2024 ssi

T.V.THAMIILSELVI, J., ssi 24.06.2024