N.Sowndram v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioners/A2 and A3 seek anticipatory bail in Crime No.389 of 2023 registered by the respondent Police for the offences punishable under Sections 294(b), 323 and 506 (ii) of IPC and Section 4 of Women Harassment Act.

2. It is stated that the defacto complainant and the accused are relatives and a civil suit was filed in O.S.No.66 of 2010 before the Sub Court, Rasipuram and the same was dismissed on 19.04.2013. The dispute escalated into violence.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioner 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 No.I, Attur, on condition that the petitioners shall execute a separate bond for a 1/4

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 first petitioner shall report before the respondent police once in a week i.e., every Saturday, for a period of three weeks and the second petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

2/4

[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 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.

04.01.2024 rjr 3/4

C.V.KARTHIKEYAN , J.

rjr 04.01.2024 4/4