Sripradan v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294, 324, 427 and 506(2) of IPC, in Crime No.1 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant. Due to which, the petitioner along with the other accused abused and assaulted the defacto complainant and his relatives and caused injuries to them and have also damaged the defacto complainant's car. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and that he has been falsely implicated in this case. He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that there was a wordy quarrel between the petitioner and the

defacto complainant. Due to which, the petitioner along with the other accused abused and assaulted the defacto complainant and his relatives and caused injuries to them and have also damaged the defacto complainant's car. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Considering the facts and circumstances of the case and the submissions made by the learned counsel, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is directed to deposit a sum of

Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.1 of 2022 and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicical Magistrate-I, Coimbatore, on condition that the petitioner shall execute a bond 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 petitioner and the sureties shall affix his 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 his identity. [b]the petitioner shall deposit a sum of Rs.10,000 (Rupees Ten Thousand Only) to the credit of Crime No.1 of 2023 before the learned Judicial Magistrate No.1, Coimbatore, within a period of fifteen days from the date of receipt of a copy of this

order and on such deposit, the defacto complainant is permitted to withdraw the same, on filing undertaking affidavit and proper identification and acknowledgment;

(c) the petitioner shall appear before the respondent police on every Saturday at 10.30 a.m., until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f) 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC; 23.01.2023

kmm T.V.THAMILSELVI, J.

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23.01.2023