Nandheeswaran v. State Re. By

G.CHANDRASEKHARAN.

J.

The petitioners namely Nandheeswaran, Prakash, Vanavedi Murugesan @ Murugesan, Mohan @ Mohankumar, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 342, 323, 324, 506(2) of IPC in Crime No.178 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are innocent persons and they have been falsely implicated in this case. Apprehending arrest, this petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, defacto complainant was in love with A1's sister and that was not liked by the 1st accused and family members. Despite their protest, defacto complainant and 1st accused's sister continued their love. On 28.06.2023 at about 02.00.p.m., when defacto complainant was talking with 1st accused's sister, 1st accused had abused him in filthy language and also beaten with hands and with plastic pipes. As a result, defacto complainant suffered simple injuries.

4. Considering the nature of the allegations made against the

accused and the injuries sustained by the defacto complainant are simple in nature, this Court is inclined to grant anticipatory bail to the petitioners for the reason that, custodial interrogation of the petitioners is now 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 Judicial Magistrate No.6, Salem 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 daily 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.

31.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 31.07.2023