T Beaula Hanna Marial v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.382 of 2023 registered by the respondent Police for the offences under Sections 294(b), 323, 324 and 506(ii) IPC.

2. The Petitioners are related to the defacto complainant and had been staying in the house of the defacto complainant. The complaint is that the Petitioner, is not giving rent. When there was a demand for payment of rent, a dispute arose which escalated into violence. Hence, this case.

3. The learned Government Advocate (Criminal Side) stated that civil suit is also pending between them.

4. The learned counsel for the Petitioners stated that the Petitioners are innocent persons and they have been unnecessarily roped in the present case. Thus, he prays for anticipatory bail to the Petitioners herein. 1/4

5. Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Judicial Magistrate Court No.I, Coimbatore, 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 3rd and 4th Petitioners shall report before the respondent daily at 10.30 a.m., for a period of two weeks and the 1st and 2nd Petitioners shall report before the respondent once in a week i.e., every Saturday at 10.30 a.m., for a period of two weeks and thereafter, as and when required. 2/4

[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.

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