B.Baskar v. State By Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 341, 294(b), 307 IPC in Crime No.457 of 2022, seek anticipatory bail.

2. The case of the prosecution is that A1 and A2 were brothers due to previous enmity the wordy quarrel arose between the petitioners and the defacto complainant. Due to which the petitioners abused the defacto complainant with filthy language and attacked her with patta kathi and she sustained grevious injuries. Hence, the case. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and no way connected with the alleged offence. Therefore, he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) would submit that the victim sustained grevious injuries and she suffered 20 stitches on her head. He further submit that there is no previous case pending as against the petitioners. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions and that the petitioner is ready and willing to deposit some amount to the credit of Cr.No.457 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No. 457 of 2022 within a period of three weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate Uthukottai, Thiruvallur District, on condition that the petitioner shall execute a bond for a sum 2/4

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 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 deposit a sum of Rs15,000/- (Rupees Fifteen Thousand only) to the credit of crime No.457 of 2022 within a period of three weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police o every Wednesday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or 3/4

trial.

T.V.THAMILSELVI, J.

vsn [g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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