Sakthivel v. State Rep By

Crl.O.P.No.21038 of 2022 Dr.G.JAYACHANDRAN,J.

The petitioners herein who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 & 506(ii) of I.P.C., in Crime No.206 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein are the named accused in the complaint given by one Lakshmi alleging that due to previous enmity, the petitioners herein caused injury to four of her family members with tube light, pipeline and iron rod. The incident has occurred during the procession of temple festival.

3. Taking note of the of the fact that there may be re-occurs the occurrence due to sustain enmity, this Court on 28.04.2022 dismissed the anticipatory bail petition. Even after four months, the police is not able to secure the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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4. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Dharapuram, Tiruppur, on condition that each 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 and on further condition that:

(a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(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; 2/4

(c)the petitioners shall stay at Coimbatore and report before the Racecourse Police Station daily at 10.30 a.m., until further orders;

(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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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Dr.G.JAYACHANDRAN,J.

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