Tamilarasu @ Tamilarasan v. State Rep.By

Crl.O.P.No.24329 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/A1 to A3 seek anticipatory bail in Cr.No.495 of 2023 registered by the respondent police for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC.

2. It is stated that there was a dispute between the family of the accused and the family of the defacto complainant relating to agriculture operation in land in Survey No.23/5 measuring 00.09.65 Ares at Pungalam Village in Thiruvarur District. In view of that dispute, escalated into violence.

3. Taking into consideration all the facts, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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4. 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, Nannilam 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 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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation and second and third petitioners shall report the respondent police on every Saturday for a period of two weeks and thereafter as and when required for 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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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