Kathiravan v. State Rep. By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324, 506(ii) of IPC and section 4 TNPHW Act, subsequently altered to Section 307 of IPC in Crime No.333 of 2023, seek anticipatory bail.

2. It is stated that there was a family dispute between the parties, as a result of which, the petitioners/accused persons are said to have abused the defacto complainant with filthy language and assaulted her and her son with knife and wooden logs. The defacto complainant and her son sustained injuries. Hence the complaint.

3. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail. 1/6

4. The learned Government Advocate submitted that the injured has been discharged from the hospital.

5. Considering the fact that the injured has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. 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 II, Madhuranthagam, 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 2/6

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 first and second petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of 2 weeks and the third, fourth and fifth petitioners shall appear before the respondent police weekly once at 10.30 a.m., for a period of 2 weeks and thereafter as and when required for interrogation. [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 3/6

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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