Kumar v. The Inspector Of Police
Crl.O.P.No.18097 of 2024 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, 506(ii) of IPC r/w 4 of TN Prohibition of Harassment of Women Act 2002, in Crime No.241 of 2024, seek anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the petitioners and the defacto complainant, as a result of which, there was a wordy quarrel, the petitioners have abused the defacto complainant in filthy language and attacked the family of the defacto complainant, due to which, they sustained injuries. Hence, the complaint.
3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police.
4. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation is almost completed, the petitioners are ready and willing to deposit some amount to the credit of crime number to show their bonafide, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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5. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.241 of 2024, within a period of two weeks from the date on which the order copy made ready, and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Kandachipuram, on further condition that the each of the petitioner shall execute a separate bond for a sum of Rs.
10,000/- (Rupees Ten thousand only) with two sureties, one must be a blood surety, 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 shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.241 of 2024 before the trial Court, within a period of two weeks from the date on which the order copy made ready. On such deposit, the defacto complainant is permitted to withdraw the said amount by filing necessary affidavit before the trial Court.
[b] 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 Page No.2/4
Aadhar card or Bank pass Book to ensure their identity. [c] the petitioners 1 and 2 shall report before the respondent police on every Saturday at 10.30 a.m., for a period two months and thereafter, as and when required for interrogation and the 3rd petitioner shall report before the respondent police as and when required for interrogation.
[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 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
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T.V.THAMILSELVI,J.
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