V.Gowri v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 451, 436, 427, 506(ii) read with 34 of IPC in Crime No.602 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the de-facto complainant's son eloped with the daughter of the 1st petitioner. Due to which, the petitioners along with other accused entered in to the house of the defacto complainant, assaulted them and also caused damages to the household articles Viz., fridge by setting fire. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the incident has happened due to sudden provocation. Hence, he prays for grant of anticipatory bail to the petitioners.
4. Per Contra, the learned Government Advocate appearing for the respondent would submit that the petitioners along with other accused entered in to the house of the de-facto complainant, assaulted them and also caused damages to the house-hold articles Viz., fridge by setting fire. He would further submit that the estimated cost of the damage is Rs.30,000/-. Hence, opposed for grant of anticipatory bail to the petitioners.
5. At this juncture, the learned counsel for the petitioners would submit that without prejudice the petitioners are prepared to jointly deposit a sum of Rs.15,000/- to the credit of crime No.602 of 2022.
6. Taking note of the facts and circumstances, and also the fact that without prejudice the petitioners are prepared to jointly deposit a sum of Rs.15,000/- to the credit of crime No.602 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are directed to jointly deposit a sum of Rs.15,000/- (Rupees fifteen Thousand only) to the credit of Crime No.602 of 2022, within a period of four 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 at Sriperumbudur on condition that each of 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, 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 jointly deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Crime No.602 of 2022,
before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police everyday at 10.30 a.m., until further orders. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
22.09.2022 mpl/nst
A.D.JAGADISH CHANDIRA, J.
mpl/nst 22.09.2022