Sambath 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, 148, 341, 294(b), 323, 324, 435, 506(ii) of IPC and Section 3 of TNPPDL Act of IPC in Crime No.183 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that, petitioners approached the de-facto complainant to give his daughter in marriage with 4th petitioner's son Manikandan. That resulted in a fight. However, a false and exaggerated complaint is given against the petitioners. Apprehending arrest in Crime No.183 of 2023 registered for the offences under Sections 147, 148, 341, 294(b), 323, 324, 435, 506(ii) of IPC and Section 3 of TNPPDL Act of IPC, this petition is filed by the petitioners.

3. In response, learned Government Advocate (Crl.side) submitted that 4th petitioner's son was in one-side love with the daughter of the de-facto complainant. When they wanted de-facto

complainant to give his daughter in marriage to Manigandan, that was refused by the de-facto complainant. Therefore, on 17.06.2023, at about 9.30 p.m., accused had joined unlawfully with knife, iron rod, stones and started attacking the de-facto complainant and his family members. As a result, they suffered injuries. The injured has been discharged from the hospital. Hence, he prays for dismissal of this petition.

4. Considering the nature of the allegations and the fact that the injured is discharged from the hospital, this Court is of the view that, custodial interrogation of the petitioners is not necessary. 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 - I, Vellore on condition that the each of the petitioners shall execute a 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, 4th and 5th petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. 2nd and 3rd 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.

G.CHANDRASEKHARAN, J.

mpl [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. 19.07.2023 mpl