Balachandhar v. State By

Crl.O.P.No.21791 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioners, who apprehends arrest for the alleged offences under Sections 294(b), 323, 324, 354, 506(i) of IPC in Crime No.196 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to matrimonial dispute, the petitioners assaulted the defacto complainant with wooden logs and caused injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the first petitioner is the husband of the defacto complainant and there was an existing matrimonial dispute pending between them. In order to wreck vengeance, the defacto complainant had given a false complaint against the petitioner and his parents and family members.

4.The learned Government Advocate (crl. side) appearing for the respondent police submitted that the marriage between the first petitioner and the and defacto complainant was solemenised three years ago. The first petitioner/husband was addicted to drinking habit and the second and third petitioners are parents and the fourth petitioner is the brother of the first petitioner 1/4

have assaulted the defacto complainant. He would further submit that the injured has been discharged from the hospital and thereby he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 on which the copy of the order is made ready, before the Additional Mahila Court, Krishnagiri, on condition that the petitioners shall execute a 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. 2/4

[b] the first petitioner shall report before the respondent Police daily at 10.30a.m., until further orders. The petitioners 2 to 4 shall report before the respondent Police daily at 10.30a.m., for a period of two weeks and thereafter 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 09.09.2022 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.21791 of 2022 09.09.2022.

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