Amarnath v. State Rep By Its

C.V.KARTHIKEYAN , J.

The petitioners herein seeks anticipatory bail in Crime No.194 of 2023 registered by the respondent Police for the offences under Sections 341, 294(b), 323, 324, 506(ii) and 307 IPC.

2. The learned counsel for the petitioners stated that the petitioners are innocent persons and they are no way connected with any offences alleged by the prosecution. The 12th accused had been arrested and later released on bail. Thus, he seeks for grant of anticipatory bail to the petitioners.

3. It is stated by the learned Government Advocate (Crl.Side) that the wife of the 1st accused was working in postal department, in which the defacto complainant was also working. There was a dispute between the said wife and the defacto complainant about the distribution of work. This was complained by the wife to the 1st accused. Therefore, the 1st accused along with other accused are said to have joined together and caused the offences as stated in the First Information Report. Thus, he prayed for dismissal of this petition.

1/4

4. Taking the facts and the circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Thiruvottiyur, on condition that the petitioners 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 daily at 10.00 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness 2/4

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;

30.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 30.10.2023 4/4