Pasuvaraj v. The State Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/A7 seeks anticipatory bail in Crime No.315 of 2023 registered by the respondent police for the offences under Sections 147, 294(b), 323 and 307 IPC.

2. It is a very complicated issue. A1 married the wife of the defacto complainant, but A1 was already married. Naturally, this led to further quarrels which escalated into violence.

3. The learned Government Advocate (Criminal Side) stated that the Petitioner/A7 appeared to have participated in one such violent act which ended up with a fracture to the injured but the injured had been discharged from the hospital.

4. The learned counsel for the Petitioner stated that A1 to A6 had been granted bail after being arrested. Hence, he prays for anticipatory bail to the Petitioner herein.

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5. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 Judicial Magistrate - II, Dharmapuri, 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 daily at 10.30 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.

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C.V.KARTHIKEYAN , J.

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