Dhanush @ Dinesh v. State Rep. By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 448, 427, 506(ii), 307 of I.P.C r/w 4 of TNPWH Act in Crime No.618 of 2023, seek anticipatory bail.

2. It is the case of the prosecution that one of the accused had illegal intimacy with a relative of the defacto complainant, due to which there was a quarrel between them which escalated into violence.

3. It is stated that A5 and A6 was arrested and released on bail by the Principal District and Sessions Judge at Tiruvallur in Crl.M.P.No.557 of 2023 on 23.11.2023.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioners are 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 learned District Munsif cum Judicial Magistrte Uthukkotai on condition that

the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 appear before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation. The second petitioner shall appear before the respondent police once in a week i.e on every saturday at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[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 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.

03.01.2024 smn

C.V.KARTHIKEYAN, J.

smn 03.01.2024