Arivazhagan v. The State Rep By

G.CHANDRASEKHARAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324, 506(ii) of IPC in Crime No.219 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 are innocent and they have been falsely implicated in this case. Apprehending arrest in Crime No.219 of 2023 registered for the offences under Sections 294(b), 323, 324, 506(ii) of IPC, this petition is filed by the petitioners.

3. In response, learned Government Advocate (Criminal side) submitted that de-facto complainant's son is Naveen. Naveen has some property dispute with one Ganesan. On 26.09.2023, at about 7.00 p.m., de-facto complainant and Naveen visited the house of Nisanthi, a relative of Ganesan, but Ganesan was not there. The accused who are residing in the opposite house of Nisanthi had abused the de-facto complainant in filthy language. Arivazhagan slapped him on his face. Akash kicked him and hit him with an iron

rod. They also made criminal intimidation. On the basis of the complaint given by Arivazhagan, Crime No.218 of 2023 was registered. The injured has been discharged from the hospital.

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 District Munsif Cum Judicial Magistrate, Kattumannar Kovil, Cuddalore District 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 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 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

G.CHANDRASEKHARAN, J.

mpl 19.07.2023