Karthick Kumar @ Karthick v. The State Of Tamil Nadu

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), 324 of IPC in Crime No.828 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that, petitioners belong to different castes and thereby they got married, when the defacto complainant questioned about the same, the petitioners have assaulted and abused in filthy language. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to family dispute, false case has been lodged. He would further submit that, it is a case and case in counter. Hence, he seeks for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that, due to family dispute, the petitioners have attacked the defacto complainant. Hence, he opposed to grant anticipatory bail to the

petitioners.

5. Taking into consideration of the facts and circumstances of the case and also considering that it is a case of family dispute, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XV Metropolitan Magistrate, George Town, Chennai on condition that the petitioners shall execute a 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., for a period of two weeks and thereafter as and when required for interrogation.

[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.

14.11.2022 Sma

A.D.JAGADISH CHANDIRA,J.

Sma 14.11.2022