Muruganantham v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioners, seeks anticipatory bail in Crime No.537 of 2023, on the file of the respondent police, registered under the directions of the concerned learned Judicial Magistrate on an application filed under Section 156 (3) Cr.P.C., under Sections 294 (b), 323, 324 and 506 (i) IPC.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) on behalf of the respondent. 3.It is stated that the petitioners had earlier given a complaint against the defacto complainant, which had been registered as FIR in Crime No.184 of 2023 under the same provisions. Both petitioners and the defacto complainant are neighbours and are living in opposite sides of the road and there was a quarrel relating to dumping of stones preventing parking of vehicles. The quarrel escalated into violence leading to registration of FIR.

4.In view of that particular fact, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are 1/4

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 No.II, Tambaram, 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 first, third and fourth petitioners shall report before the respondent police daily morning at 10.00 a.m., for a period of two weeks and thereafter as and when required. The second petitioner shall report before the respondent police once in a week, i.e., every Monday at 10.00 a.m., for a period of two weeks and thereafter as and when required.

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[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.

sli Crl.O.P.No.25509 of 2023 08.11.2023 4/4