Shanmugam Desabban v. Inspector Of Police,

C.V.KARTHIKEYAN , J.

The Petitioner/A2 in Crime No.849 of 2023 registered by the Respondent Police for the offences under Sections 341, 294(b), 324 and 506(ii) IPC, seeks anticipatory bail.

2. The learned counsel for the Petitioner stated that the defacto complainant with no reason abused the Petitioner and his friends. When it was questioned, the defacto complainant had attacked the Petitioner and his friends. He also stated that consequent to that incident, the Petitioner had also lodged a counter complaint against the defacto complainant. Thus, he prays for grant of anticipatory bail to the Petitioner herein.

3. It is stated by the learned Government Advocate (Criminal Side) that owing to a previous enmity, all the Accused persons had waylaid and had attacked the defacto complainant using beer bottles.

4. Taking this particular case as an isolated incident, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 1/4

Accordingly, 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 Judicial Magistrate at Thiruvottiyur, Chennai, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the Respondent Police daily thrice i.e., Morning at 10.30 a.m., Afternoon at 02.00 p.m. and Evening at 05.30 p.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner 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 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].

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

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C.V.KARTHIKEYAN , J.

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