Rutheesh Kanna v. The State Rep By

C.V.KARTHIKEYAN, J.

The petitioners / A1, A2, A3 and A4 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 506(ii) of IPC in Crime No.596 of 2023, seek anticipatory bail.

2.It is stated that the son of the defacto complainant is also studying in the same college / SRM Medical College, Potheri, as that of the petitioners. It is stated that a laptop of one of the petitioner had been stolen and the petitioners suspected that the son of the defacto complainant had stolen the laptop. As a result, the petitioner abused the defacto complainant in a filthy language and attacked him and also threatened him with dire consequences. It is also stated that he had been discharged from the hospital.

3.Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners herein with certain 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 learned Judicial Magistrate No-II, Chengalpet, on condition that each one of the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, out of the two sureties one of the surety must be either the father or mother of the petitioners, 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 petitioners shall report before the respondent police daily at 5.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.

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[c] the fact that the petitioners stand as accused in Crime No.596 of 2023 registered by the respondent police under Sections 294(b), 323, 506(ii) of IPC must also be informed by the learned Judicial Magistrate - II, Chengalpet, to the college where the petitioners are studying and it should be entered in the record of the college.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] 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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