Sunilkumar v. Inspector Of Police
C.V.KARTHIKEYAN,J.
The petitioners/A1 to A6 seek anticipatory bail in Crime No.410 of 2023 registered by the respondent police for the offence punishable under Sections 147, 148, 294b, 323, 324, 506(ii) and 307 of IPC and also under Section 4 of Women Harassment Act with respect to the occurrence which had taken place on 03.10.2023.
2. It is stated that there was a civil dispute between the petitioners' family and the defacto complainant's family. It is also stated that the petitioners have given a counter complaint against the defacto complainant which has registered in Cr.No.409 of 2023. However, it is stated that on the side of the respondent that A1 and A4 have previous cases.
3. In view of that it is stated that injuries were very serious in nature, but, it is also stated that injured had been discharged from the
hospital. However, taking into consideration, the antecedents of A1 and A4, the petition stands dismissed for petitioners 1 and 4 and anticipatory bail is granted to the petitioners 2, 3, 5 and 6 subject to the following conditions:
4. Accordingly, the petitioners 2, 3, 5 and 6 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 Judicial Magistrate, Villupuram, on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 2, 3, 5 and 6 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 2, 3, 5 and 6 shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners 2, 3, 5 and 6 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 2, 3, 5 and 6 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 2, 3, 5 and 6 in accordance with law as if the conditions have been imposed and the petitioners 2, 3, 5 and 6 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.
5. With the above directions, this Criminal Original Petition in respect of the 1st and 4th petitioners stands dismissed. The Criminal
Original Petition in respect of the the 2nd , 3rd , 5th and 6th petitioners stands ordered.
12.10.2023 nst/vv
C.V.KARTHIKEYAN,J.
nst/vv 12.10.2023