B. Selvakumar v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioners/A1, A2, A3 and A4 in Crime No.682 of 2023 registered by the Respondent Police for the offences under Sections 120(B), 406, 454 and 380 IPC, seek anticipatory bail.

2. It is the case of the prosecution that the defacto complainant and the 1st Petitioner herein had paid a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each for a purchase of a property at Kallikuppam Village, Ambattur. It is alleged that the 1st Petitioner had taken away the cooking vessels belonging to the defacto complainant and the CCTV camera was also taken away. All these aspects led to a quarrel which escalated into violence primarily for return of money and over the issue of payments to be made and for the return of articles.

3. This Court has heard the learned counsel appearing on behalf of the defacto complainant also. It is very wisely stated that all the Accused persons and the defacto complainant had entered into a settlement and a copy of the same which was signed by all of them had also been filed in the Court. 1/4

4. Taking that factor into consideration, this Court is inclined to grant anticipatory bail to the Petitioners with certain conditions. 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 Court, Ambattur, 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 2nd, 3rd and 4th Petitioners shall report before the Respondent Police daily at 10.30 a.m., for a period of 1 week and thereafter, as and when required for the interrogation and the 1st Petitioner shall report before the Respondent Police as and when required for the interrogation. 2/4

[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.

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C.V.KARTHIKEYAN , J.

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