Anjalai v. State Rep By Inspector Of Police Ulundurpet Police Station Kallakurichi District
Crl.O.P.No.23606 of 2023 C.V.KARTHIKEYAN,J.
The petitioners, A1 and A3 to A5 seek anticipatory bail in Crime No.606 of 2023 registered by the respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 323, 506(ii) and 307 of IPC.
2. It is stated that there is a civil dispute between the petitioners and the petitioners. It is also stated that owing to such dispute, there was a quarrel which escalated into assault and the petitioners had caused serious injuries on the defacto complainant which necessitated hospitalization for a period of six days. However, it is stated that the second accused had been arrested and granted bail.
3. In view of these factors, this Court is inclined to grant anticipatory bail with the following 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 Judicial Magistrate -I, Ulundurpet, on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 2, 3, 4 and 5 shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required and the 1st petitioner shall report before the respondent police as and when required.
[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.
12.10.2023 nst/vv
C.V.KARTHIKEYAN,J.
nst/vv Crl.O.P.No.23606 of 2023 12.10.2023