Muthu v. State Rep.By

Crl.OP.No.23744 & 23747 of 2023 C.V.KARTHIKEYAN.

J.

The petitioners seeks anticipatory bail in Crime No.183 of 2023 registered by the respondent Police for the offence punishable under Sections 147, 148, 341, 294(b), 307, 506(ii) of IPC r/w 4 of TNPWH Act.

2.It is stated that the house of the defacto complainant is situated near a graveyard and during a funeral procession, owing to the noise, he raised protection and thereafter, the accused persons had assaulted the defacto complainant with knife, which led to the registration of the FIR. 3.It is stated that the injured has been discharged from the hospital. 4.Taking into consideration all the aspects and the period of incarceration undergone by the petitioners, this Court is inclined to grant 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 Judicial Magistrate, Ambattur, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand 1/4

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 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 daily at 10.30 a.m until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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]. 2/4

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.10.2023 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.23744 of 2023 13.10.2023 4/4