S.Boobalan v. State Of
T.V.THAMILSELVI, J.
The petitioners, who apprehends arrest for the alleged offence under Sections 341, 294(b),323, 324 and 506(1) of I.P.C in Crime No.406 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioners waylaid the defacto complainant and attacked him with stick and thereby the defacto complainant sustained injuries. Hence the respondent police registered a case against the petitioners. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that the petitioners waylaid the defacto complainant and attacked him with stick and thereby the defacto complainant sustained injuries. He further submits that the injured discharged from the hospital Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the submissions made by the both counsel and also the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Villupuram on condition that the petitioners shall execute a 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(c) the petitioners shall report before the respondent police every
Saturday at 10.30a.m., for a period of four weeks and thereafter, appear before the trial Court on all hearing dates.
(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 anticipatory 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
06.01.2023 smn T.V.THAMILSELVI, J.
smn 06.01.2023