M. Kumari v. The Inspector Of Police,

C.V.KARTHIKEYAN , J.

The petitioners herein seek anticipatory bail in Crime No.189 of 2023 registered by the respondent Police for the offence under Sections 294(b), 324, 355 and 427 IPC.

2. The learned counsel for the petitioners stated that, petitioners are innocent persons and they have been falsely implicated in a case registered in Crime No.189 of 2023 registered by the respondent Police for the offence under Sections 294(b), 324, 355 and 427 IPC for an occurrence which happened on 27.05.2023. Thus, he seeks anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.Side) submitted that the defacto complainant often abused the petitioners and therefore, the petitioners had taken the issue in their hands and beaten him, necessitating lodging of the complaint and subsequently, registration of first information report. Thus, he prayed for dismissal of this petition.

4. In view of the facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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5. 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 II, Ponneri, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 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 2/4

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;

13.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 13.10.2023 4/4