G Arumugam And Others v. State Rep By

Crl.O.P.No.25934 of 2023 C.V.KARTHIKEYAN,J.

The petitioners seek anticipatory bail in Crime No.262 of 2023 registered by the respondent police for the offences punishable under Sections 143, 294(b), 324 and 506(2) of IPC, 1860 with respect to an occurrence which took place on 30.10.2023.

2. It is stated that the petitioners and the defacto complainant are living in the same street and there was a dispute over parking of vehicle viz., TATA ACE. This quarrel escalated into violence leading to lodging of complaint and registration of an FIR. It is also stated that A1 and A3 had been taken into custody, but enlarged on bail.

3. Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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4.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 Judicial Magistrate-II, Mannargudi on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and second, third and fourth petitioners shall report before the respondent police on every Saturday at 10.30a.m., for a period of two weeks and thereafter as and 2/4

when required for interrogation.

[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.

Vv Crl.O.P.No.25934 of 2023 10.11.2023 4/4