Prasanth v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 294(b), 323, 448, 354, 427 and 506(ii) IPC in Crime No.257 of 2023 on the file of the respondent police, seek anticipatory bail.

2. Learned counsel for the petitioners submitted that, petitioners are innocent and they are falsely implicated in Crime No.257 of 2023 for the offences under Sections 147, 294(b), 323, 448, 354, 427 and 506(ii) IPC. Apprehending the arrest, petitioner filed this petition.

3. Learned Government Advocate (Criminal side) opposes this petition, on the ground that, defacto complainant's brother's wife is the sister of A1 to A3. Defacto complainant visited her mother's home for her delivery. Therefore, at the instigation of defacto complainant's brother's wife namely Divya, the accused on 14.06.2023 at about 5.00 p.m. trespassed into the house, pushed defacto complainant down and scolded her in filthy language. When her mother intervened, she was also beaten.

It is further submitted that, injured had been discharged from the hospital. Therefore, he prays for dismissal of this petition.

4. Considered the submissions and perused the records.

5. It is seen from the allegations that, this case arise due to a family dispute and injured had been discharged from the hospital, this Court is of the view that, custodial interrogation of the petitioners is not necessary and the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyar on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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., 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 petitioner in accordance with law as if the conditions have been 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.

11.07.2023 gd

G.CHANDRASEKHARAN.

J.

gd 11.07.2023