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Judgment
C.V.Karthikeyan, J
The petitioner seeks bail in Crime No.518 of 2023, registered by the respondent police for the offences punishable under Sections 294(b) & 302 of IPC on 05.10.2023.
2.The entire story is about one family/the mother, the father and the son. The deceased is the father, the defacto complainant is the mother and the accused is the son.
3.It is stated that the son had witnessed the father misbehaving with the mother demanding money for alcohol. On that fateful day, she was not able to bear that. It is stated that the accused/son had thrown a stone over his father. But however, the mother, who was the victim of the misbehavior and ill-treatment at the hands of her husband, had given a complaint against her own son for the offence under Section 302 of IPC.
4.Taking into consideration all these factors, I am inclined to grant bail to the petitioner subject to the following conditions:
5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 Sessions Court, Vellore, and on further conditions that:
[a] 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 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 abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness 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 petitioner 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.