P.Murugan v. State Rep. By Its

C.V.KARTHIKEYAN,J.

The petitioners/A1 and A2 seek anticipatory bail in Crime No.752 of 2023 registered by the respondent police for the offences punishable under Sections 147, 294(b), 323 & 506(i) of IPC with respect to an incident on 01.10.2023.

2. It is stated that the 2nd petitioner and his friend had gone over to a farm house for the weekend and hearing music in high volume and the defacto complainant and another person questioned it and this led to a wordy quarrel, which escalated into violence and assault, leading to registration of the FIR.

3. It is also stated that the petitioners had also given a counter complaint against the defacto complainant, which was registered as FIR in Crime No.751 of 2023 for the offence under Sections 294(b), 324, 427 & 506(ii) of IPC and Section 4 of TN Prohibition of Harassment of Women Act.

4. In view of the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 Judicial Magistrate II, Ponneri, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 everyday at 10.30 a.m., until further orders. [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.

11.10.2023 ata C.V.KARTHIKEYAN,J.

ata 11.10.2023