Rajakumar v. Inspector Of Police

Crl.O.P.No.28603 of 2023 C.V.KARTHIKEYAN,J.

The petitioners/A2 and A3 seek anticipatory bail in Crime No.195 of 2023 registered by the respondent police on 13.11.2023 for the offences punishable under Sections 294(b), 448, 324, 506(2) and 307 of IPC.

2. There are 24 accused and all of them are brothers. It is stated that A1 and A4 had been arrested and granted bail. It is stated that owing to election motive, all the accused persons had entered into the house of the defacto complainant and a quarrel that escalated into violence leading to assault on the defacto complainant and his wife. Both the injured have been discharged from the hospital.

3. Taking all the surrounding factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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4.

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, Vedaranyam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[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.

22.12.2023 Vv C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.No.28603 of 2023 22.12.2023 4/4