A.Poorani v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324, 506(2) and 307 IPC in Crime No.171 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant Rangasamy is that the petitioners are the mother-in-law and father-in-law of the daughter of the defacto complainant and that the accused used to commit cruelty on the daughter of the defacto complainant. While so, on the date of occurrence, the petitioners along with other accused attacked the defacto complainant and his two sons with iron pipe, stick and knife due to which, they sustained injuries. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted against them due to matrimonial dispute. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent vehemently opposed for grant of anticipatory bail to the petitioners stating that due to family dispute, the petitioners along with other accused attacked the defacto complainant and his two sons with iron pipe, stick and knife due to which, they sustained injuries. However, he would submit that the injured have been discharged from the hospital.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) and perused the materials available on record.
6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that the injured have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.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, Vanur 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 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 10.30 a.m. for a period of one week and thereafter, every Saturday at 10.30 a.m. until further orders;
[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. 22.06.2023 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 22.06.2023