Sunilkumar v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A1 seeks anticipatory bail in Crime No.410 of 2023 registered by the respondent Police for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 IPC r/w Section 4 of Women Harassment Act with respect to the occurrence which had taken place on 03.10.2023.

2. It is stated that there was a civil dispute between the petitioner's family and the defacto complainant's family. It is also stated that the petitioner had given a counter complaint against the defacto complainant which had been registered in Crime No.409 of 2023. However, it is stated that on the side of the respondent that the 1st accused has previous cases.

3. Earlier anticipatory bail petition of the 1st accused had been dismissed in Crl.O.P.No.23462 of 2023. But however I had granted anticipatory bail to 2nd, 3rd, 5th and 6th petitioners. 1/4

4.Taking into consideration the passage of time and the investigation has further progressed, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Chief Judicial Magistrate, Villupuram on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police everyday at 10.00.a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioner 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;

09.11.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 09.11.2023 4/4