Mageswaran v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(i) of IPC in Crime No.266 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that, the petitioners have been falsely implicated as accused 1 to 4 in Crime No.266 of 2023 registered for the offences under Sections 294(b), 323 and 506(i) of IPC.

3. It is also stated by the learned counsel for the petitioners that the petitioners had also given a complaint registered in Crime No.265 of 2023. It is also stated that there is a dispute between the family members and owing to the wordy quarrel, escalating to which, the complaints have been given.

4. Taking an over all consideration of the entire issue, this Court is inclined to grant anticipatory bail to the petitioners, but subject to the 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 1/4

the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Tindivanam on condition that the petitioners 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 1st, 3rd and 4th petitioners shall report before the respondent Police, every day at 10.30 a.m., for a period of two weeks.

[e] the 2nd petitioner shall report before the respondent police, as and when required;

[f] the petitioners shall not tamper with evidence or witness either during investigation or trial; [g] the petitioners shall not abscond either during investigation or trial;

[h] On breach of any of the aforesaid 2/4

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];

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 09.10.2023 mjs C.V.KARTHIKEYAN , J.

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