Dhatchayani v. State Rep.By

Crl.O.P.Nos.24490 and 24493 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/ A1 to A3 have filed Crl.OP.No.24490 of 2023 and the petitioner/A4 has filed Crl.OP.No.24493 of 2023. Both the petitions anticipatory bail is sought in in Cr.No.353 of 2023 registered by the respondent police for the offence punishable under Sections 294(b), 324 and 506(ii) of IPC.

2. It is stated that as between the family of the petitioners and the family of the defacto complainant, there is a dispute over land and more particularly with the compound wall which escalated into violence, necessitating the registration of an F.I.R.

3. In view of all these facts, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions: 1/4

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 Court, Arakkonam 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 second petitioner in Crl.OP.No.24490 of 2023 and the petitioner in Crl.OP.No.24493 of 2023 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 the first and third petitioners in Crl.OP.No.24490 of 2023 shall report before the respondent police once 2/4

a week for a period of two weeks at 10.30 a.m. 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 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.

20.10.2023 Vv 3/4

s C.V.KARTHIKEYAN,J.

Vv Crl.O.P.Nos.24490 and 24493 of 2023 20.10.2023 4/4