D.Parthiban v. The State Rep By

C.V.KARTHIKEYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147,148,448,294(b),324,307 and 506(ii) of Indian Penal Code and Section 4 of Women Harassment Act in Crime No. 718 of 2023, seeks anticipatory bail.

2. It is stated that there was a dispute between the petitioner and the defacto complainant with regard to erection of political banners, which escalated into violence.

3.The learned Government Advocate stated that for the coaccused, bail was granted in Crl.M.P.No.6866 of 2023 vide order dated 04.01.2024. He further stated that the injured has been discharged from the hospital.

4.Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail subject to the following conditions:

5.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 Additional Mahila Court at Chengalpettu on condition that the petitioner shall execute a 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 this Court 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 appear before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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.

12.01.2024 smn

C.V.KARTHIKEYAN, J.

smn 12.01.2024