Fathima v. The Inspector Of Police

Crl.O.P.No.25908 of 2023 and Crl.MP.No.18291 of 2023 C.V.KARTHIKEYAN , J.

The petitioner/A4/mother of A1 in Crime No.20 of 2023 registered under Sections 294(b), 323, 324 and 506 (ii) IPC, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner, the learned Government Advocate (Crl.side) for the respondent and the learned counsel for the intervenor. 3.It is stated that A1, had dashed a motor cycle against the son of the de facto complainant, who suffered injuries. An intervening application has also been filed by the de facto complainant, who stated that nearly about seven stitches had to be put on the face of the injured. A1 is a minor and was dealt by the Juvenile Justice Board. A2 is a father of A1. A2 had been arrested and granted anticipatory bail. But more importantly, A3, who has seven previous cases against him and who is a stranger to A1, A2 had also been granted anticipatory bail.

The intervening in this application seeking anticipatory bail, though, appreciable, cannot be entertained by this Court at this state. The de facto complainant will be given every opportunity to put forth evidence about the seriousness of the injury and the nature of the injury suffered and the deliberate cause of the injury by the accused persons with intention. Taking all these factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A4 with certain conditions.

5.Accordingly, the petitioner/A4 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 Judicial Magistrate No.VII, Coimbatore, 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/A4 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/A4 to appear before the respondent police every day at 10.30 a.m, for a period of two weeks and thereafter as and when required for interrogation.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [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 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;

Crl.MP.No.18291 of 2023 (intervening application) is closed. 01.12.2023 kp 3/4

C.V.KARTHIKEYAN , J.

kp Crl.O.P.No.25908 of 2023 and Crl.MP.No.18291 of 2023 01.12.2023 4/4