Chinnarasu v. Inspector Of Police

Crl.O.P.No.27600 of 2023 C.V.KARTHIKEYAN , J.

The petitioners/A2 to A5 in Crime No.488 of 2023, registered under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC, with respect to occurrence on 4.1.2023, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

3. It is stated that the sister's daughter of the de facto complainant was engaged to be married into the family of the petitioners herein. It is stated that the petitioners have previous cases against them. The de facto complainant therefore went over to the sister and tried to dissuade her not to give her daughter in marriage to the family of the petitioners. Owing to this, the petitioners had picked a quarrel with the de facto complainant leading to lodging of a complaint and registration of FIR. Taking the facts into consideration, even though there are previous cases, this case arising out of an issue wherein, the de facto complainant had tried to frustrate marriage opportunities, I would grant anticipatory bail to all the petitioners.

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4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners/A2 to A5 with certain conditions.

5.Accordingly, the petitioners/A2 to A5 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 Vaniyambadi, on condition that the petitioners each 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 1st, 2nd and 3rd petitioners/A2 to A4 to appear before the respondent everyday at 10.30 a.m., for a period of two weeks and the 4th petitioner/A5 to appear before the 2/5

respondent once a week at 10.30 a.m., for a period of two weeks.

[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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