Mathan @ Madanesan And Others vs State

G.K.Ilanthiraiyan, J

The petitioners/A1, A2 and A4 who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b),352,355 and 506(i) of IPC in Crime No. 533 of 2023 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution as per the de-facto complainant is that due to previous enmity the petitioners herein abused and assaulted the defacto complainant with slippers and threatened with dire consequences, hence the case.

Heard both side and perused the materials available on record including the First Information Report. It is reported that four previous cases are pending against the third petitioner/A4.

Taking into consideration of the facts and circumstances of the case and also the fact that the injured sustained only simple injuries, this court is inclined to grant anticipatory bail to the first and second petitioners , with certain conditions:

Accordingly, the first and second petitioners are ordered https://wwwto.mhc.betn.gov.in/judisreleased 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, Papanasam, Thanjavur District on condition that the first and second petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two blood related 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 first and second 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 and second petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation

[c] the first and second petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the first and second 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 first and second petitioners in accordance with law as if the conditions have been imposed and the first and second 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.

As regards the third petitioner/A4, the petition stands dismissed.