Sadasivam v. Inspector Of Police

Crl.O.P.No.25557 of 2023 C.V.KARTHIKEYAN, J.

The petitioners seeks anticipatory bail in Crime No.382 of 2023 registered under Sections 294(b), 406, 420 and 506(i) IPC. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that the de facto complainant is the wife of the 1st petitioner and the mother of the 2nd petitioner. All the other petitioners are also family members. It is stated that the de facto complainant had a house which is now occupied by the 2nd and 3rd petitioners herein. Owing to that a quarrel arose. Taking into consideration that the entire issue surrounds occupation of a family house, anticipatory bail is granted to the petitioners 4.Taking into consideration the fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners herein with certain conditions.

5. 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 1/4

Judicial Magistrate No.II, Mannargudi, on condition that each of the petitioner 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] 1st, 3rd and 4th petitioners to appear before the respondent everyday at 10.30 a.m., for a period of two weeks and the 2nd petitioner to appear before the respondent once a week for a period of two weeks. [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 2/4

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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