The court granted anticipatory bail to the petitioner accused of offenses under Sections 294(b), 324, 506(2), and 307 IPC, citing a false complaint due to prior enmity and an injury that resulted in discharge.
Petitioner released on bail with bond of Rs.10,000 each for two sureties, reporting daily, and not tampering with evidence or witnesses.
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Crl.O.P.No.12636 of 2023
Crl.O.P.No.12636 of 2023
G.CHANDRASEKHARAN. J.
The petitioners who apprehends arrest at the hands of the
respondent police for the alleged offence under Sections 294 (b), 324, 506(2) & 307 IPC in Crime No.269 of 2023, on the file of the respondent police, seek anticipatory bail.
3.In response, the learned Government Advocate (Criminal side) submitted that there is previous enmity between the petitioners and the defacto complainant. On 22.05.2023, at about 10.30 p.m., defacto complainant's brother was beaten by the petitioners. When defacto complainant asked them as to why they were beating his brother, they started attacking the defacto complainant with wooden log on his head Page 1 of 4
Crl.O.P.No.12636 of 2023
and other parts of the body and the defacto complainant suffered injuries and he was discharged from the hospital.
4.Considering the circumstances under which the incident had happened and the fact that the injured got discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners and the petitioners are ordered to be released on bail in the event of their 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, Thiruvarur, on condition that petitioners shall execute separate 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 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
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Crl.O.P.No.12636 of 2023
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.
[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.
04.07.2023
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Crl.O.P.No.12636 of 2023
G.CHANDRASEKHARAN. J.
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Crl.O.P.No.12636 of 2023
04.07.2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners facing charges under Sections 294(b), 324, 506(2) and 307 IPC.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶20
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
G.CHANDRASEKHARAN
RESPONDENT POLICE
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
