Krishnamoorthy v. The State Rep By

RMT.TEEKAA RAMAN,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.281 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 05.07.2023 at about 50.00 p.m., when the defacto complainant along with her family members were in their house, the 1st petitioner had removed the defacto complainant's land boundary stone. Immediately, when the defacto complainant's husband questioned the 1st petitioner, the petitioners abused them in filthy language and attacked them with crowbar and caused head injury and also threatened them with dire consequences. Hence, the case.

3. The learned counsel for the petitioners would submit that the

petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that due to wordy quarrel arose between the defacto complainant's family members and the petitioners, the petitioners abused them in filthy language and assaulted them with crowbar and also threatened them with dire consequences. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the submission of the learned Government Advocate and also the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vanur, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 for a period of three weeks from the date of receipt of a copy of this order and thereafter, 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.

08.08.2023 ata

RMT.TEEKAA RAMAN,J.

ata 08.08.2023