Gandhi 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), 323, 324 and 506(ii) of IPC in Crime No.411 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on account of love affair between the daughter of the defacto complainant and the first petitioner, there was a wordy quarrel and during the quarrel, the petitioners along with other accused abused the defacto complainant, intimidated him and also assulated him. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the love affair between daughter of the defacto complainant and the first petitioner, the defacto complainat has given a false complaint against the petitioners. Hence, he seeks for anticipatory bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that on account of love affair between the daughter of the defacto complainant and the first petitioner, the petitioners along with other accused abused the defacto complainant, intimidated him and also assulated him. He would further submit that the injured has been discharged from the hospital. Thereby, he vehemently opposed to grant anticipatory bail to the petitioners. 5.Taking into consideration of the facts and submissions made by the learned counsel, this Court is inclined to grant anticipatory bail with certain 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Ulundhurpet, Kallakurichi District on condition that the petitioners shall execute 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 report before the respondent police daily at 10.30 a.m., until further orders;

[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 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;

19.09.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 19.09.2022