Paranthaman v. State Rep.By

C.V.KARTHIKEYAN , J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offices under Sections 294(b), 323, 324 and 506(2) of IPC in Crime No.293 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is stated that the complaint, in this case, has been given by another son of the 2nd petitioner herein. The 1st petitioner is also the son of the 2nd petitioner. There was a wordy quarrel between the petitioners and the defacto complainant, leading the petitioners to attack defacto complainant and he sustained injuries. There has been a land dispute and the family quarrel escalated to assault.

3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. Accordingly, the petitioners are ordered to be released on bail in 1/4

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 Judicial Magistrate No.I, Dhindivanam 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 petitioners shall report before the respondent Police, every day at 10.30 a.m., for a period of two weeks and thereafter 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;

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[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 abscond, 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