V.Mahendran v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 498(A), 323 and 506(i) of IPC, for the complaint given by his wife, in Crime No.8 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is stated that on 26.05.2023 at 2.00 p.m., the petitioner had beaten the defacto complainant and poured petrol and set her on fire. It is stated that the defacto complainant had suffered burnt injuries. She has been discharged from the hospital. It is also stated that the petitioner and the defacto complainant are having four children.

3. It is stated by the learned Government Advocate (Criminal side) on behalf of the respondent that unfortunately the petitioner has been addicted to liquor.

4. Taking into consideration the fact that the disputes between the defacto complainant and the petitioner is of a nature that arose within their 1/4

family, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Mannargudi on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent Police, daily at 10.30 a.m. until further orders;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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; 10.10.2023 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 10.10.2023 4/4