Harish @ Deenadhayalan v. Inspector Of Police
C.V.KARTHIKEYAN , J.
The Petitioners/A1, A3, A5, A6 and A7 in Crime No.488 of 2023 registered under Sections 147, 279, 294(b), 323 and 506(ii) IPC seek anticipatory bail.
2. It is stated by the learned Government Advocate (Criminal Side) that the Accused A1, A2 and A3 were driving triples in a motor cycle and they hit the grandson of the defacto complainant. When the defacto complainant protested about it, all the Accused persons surrounded and assaulted the defacto complainant. He also stated that the Accused A2 and A4 are juveniles.
3. In view of the facts stated, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions that each one of the Petitioners herein/A1, A3, A5, A6 and A7 are each directed to deposit a sum of Rs.3,000/- each to the credit of Crime No.488 of 2023 and the learned Judicial Magistrate No.1, Cuddalore may hand over the total amount of Rs.15,000/- to the defacto complainant with the 1/5
instructions to deposit the same in fixed deposit for 5 years in the name of the grandson of the defacto complainant, which amount would come useful at a later point of time, when the grandson becomes a little older. 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 No.1, Cuddalore, 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 petitioners shall report before the respondent daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for the interrogation.
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[c] the Petitioners shall deposit a sum of Rs.3,000/- each to the credit of Crime No.488 of 2023 and the learned Judicial Magistrate No.1, Cuddalore may hand over the total amount of Rs.15,000/- to the defacto complainant with the instructions to deposit the same in fixed deposit in the name of the grandson of the defacto complainant for 5 years, which amount would come useful at a later point of time, when the grandson becomes a little older.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners shall not abscond either during investigation or trial.
[f] 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].
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[g] 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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