Raja v. The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The petitioners, who apprehend arrest for the alleged offences under Sections 147, 294(b), 506(i) of IPC in Crime No.42 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 26.05.2019, the accused went the house of the defacto complainant, knocked the door by calling his wife's name and asked the defacto complainant to come out. It is further alleged that the accused had abused his wife, threatened and assaulted him with dire consequences. Hence the case.

3.The learned counsel for the petitioners would submit that this is the second application for anticipatory bail filed by the petitioners and the petitioners were earlier granted anticipatory bail by this Court in Crl.O.P.No.1007 of 2022 vide Order dated 20.01.2022. However, due to personal reasons, they were unable to furnish the sureties and thereby, the earlier Order has got lapsed and the present anticipatory bail has been filed.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the investigation has been completed. He would further submit that the petitioners were earlier granted anticipatory bail by this Court in Crl.O.P.No.1007 of 2022 vide Order dated 20.01.2022, however they failed to execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners. 5.Taking into consideration the facts of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

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 No.I, Tambaram, on condition that the petitioners shall execute a separate bond for a sum of Rs.

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 on every Wednesday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation;

[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;

09.08.2023 vkr

RMT.TEEKAA RAMAN, J.

vkr 09.08.2023