V Ganesan v. The State By
T.V.THAMILSELVI,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 342 and 506(i) of IPC, in Crime No.119 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's brother-in-law and the first petitioner's daughter were loved each other and they also got married. Since there is a dispute between the petitioners and the defacto complainant's family, on the said date of occurrence, the petitioners came to the house of the defacto complainant, there was a wordy quarrel between them, for which, they attacked each other, and there was an injury to the defacto complainant. Hence, the complaint.
3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and due to dispute between the petitioners and the defacto complainant, the petitioners are falsely implicated in this case,
whereas, they have not committed any offence as alleged by the prosecution. He further submitted that they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, prays for grant of bail to the petitioners.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted there was a dispute between the petitioners and the defacto complainant, and on that said date, there was wordy quarrel, for which, the petitioners attacked the defacto complainant, thereby causing injuries to him and later discharged from the hospital. However, he vehemently opposed to grant bail to the petitioner.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is
inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Sankari, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties 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 and on further condition that:
(a) the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.119 of 2024, before the concerned Court, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the petitioner shall appear before the respondent police and on such, the defacto complainant is permitted to withdraw by filing undertaking affidavit and proper acknowledgment; (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and
the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c) the petitioners shall report before the respondent police on every Saturday at 10.30 a.m, for a period of eight weeks;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners shall not abscond either during investigation or trial;
[f] 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 has been imposed and the petitioners are 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]; and;
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
25.07.2024 drl
T.V.THAMILSELVI, J.
drl 25.07.2024