Dhanapal v. The State, Represented By

C.V.KARTHIKEYAN , J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 147, 380, 427, 352 and 506 (i) IPC, in Crime No.608 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) on behalf of the respondent. 3.It had been stated that the wife of the defacto complainant had unfortunately committed suicide on 28.07.2023. Petitioners are relatives of the deceased wife. They had gone over to the house of the defacto complainant and picked up a quarrel, which escalated into violence leading to lodging of complainant and registration of FIR. 4.Taking into consideration the extreme provocation the petitioners had undergone due to the death of their relative/wife of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be 1/4

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, Thiruthuraipoondi, 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 second, 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 for interrogation. The first 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 for interrogation.

[c] the petitioners shall not tamper with evidence or 2/4

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.

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