Veerapathiran v. State Rep By

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, 336 and 506(ii) of IPC in Crime No.104 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are innocents and they have been falsely implicated in a case registered for the alleged offences under Sections 147, 294(b), 323, 336 and 506(ii) of IPC in Crime No.104 of 2023. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, defacto complainant borrowed money from one Muruganandham. On 12.06.2023, Veerabathran wanted the defacto complainant to repay the money to him. Then on 13.06.2023, at about 10.00.a.m., all the accused formed an unlawful assembly and came to the house of the defacto complainant and started attacking the defacto complainant demanding money. As a result, defacto complainant and others suffered injuries and they were treated in the hospital and

discharged.

4. Considering the nature, facts and circumstances of the case and the injured victims have been discharged from the hospital and that the material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioners for the reason that custodial interrogation of the petitioners is not necessary.

5. Accordingly, 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 District Munsif -cum-Judicial Magistrate, Vedaranyam on condition that the petitioners shall execute separate 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 1st, 3rd, 4th, 5th & 6th petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders and the 2nd & 7th petitioners shall report before the respondent police 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.

13.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 13.07.2023