Iyyanar v. State Rep By
C.V.KARTHIKEYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 341, 323 and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.542 of 2023 on the file of the respondent police, seek anticipatory bail. 2.It is stated that there was a land dispute relating to partition of agricultural lands. A settlement deed was executed by the father of the 5th petitioner in favour of the 5th and 7th petitioners herein. There was also a complaint against the de-facto complainant in which F.I.R in crime No.542 of 2023 has been registered.
3. In the present case, it is alleged that the petitioners have attacked the de-facto complainant leading to stitches in the forehead but however, the injured person have been released on bail.
4. Heard both sides and perused the materials available on record including the FIR.
5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and the co-accused already arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners except A4, A6, A10, A11, A12 and A13.
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.1, Panruti, Cuddalore District, 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, once in a week 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 abscond, a fresh FIR can be registered under Section 229A IPC.
04.10.2023 nvi
C.V.KARTHIKEYAN, J.
nvi 04.10.2023