V.Dass v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners seek anticipatory bail in Crime No.759 of 2023 registered by the respondent police for offence under Sections 147, 148, 341, 294(b), 323, 324 and 506(ii) of IPC on 20.9.2023. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent. 3.It is stated that there had been enmity between the family of the petitioners and the family of the defacto complainant which escalated into quarrel and assault. The petitioners herein also given a complaint as against the members of the defacto complainant. It is also stated that the injured have been discharged from the hospital. Taking all these factors into consideration, anticipatory bail is granted to the petitioners. 4.Taking into consideration the facts and circumstances of the case, 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 District Munsif-cum-Judicial Magistrate, Thirukazhukundram, Chengalpattu District, on condition that each of the petitioner shall 1/4

execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (One of the surety for the 2nd petitioner alone must be the mother of the 2nd petitioner) 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 2nd petitioner/D.Ragul to appear before the respondent police every day at 8.00 am., and the other petitioners to appear before the respondent police everyday at 10.30 am., for a period of one week 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 2/4

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.

18.10.2023 kp C.V.KARTHIKEYAN , J.

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