Subramaniyan v. State Rep By

C.V.KARTHIKEYAN, J.

The petitioner/fifth accused who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 452, 294(b), 324, 307 of IPC in Crime No.297 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the first accused had given his cloth to the defacto complainant, who is a tailor for stitching. There was a delay in returning back the stitched cloth. The second accused, who has previous cases against him, had assaulted the defacto complainant necessitating lodging of complaint.

3. It is stated that the second accused had been arrested in yet another case. So far as this petitioner is concerned, learned counsel stated that he is not named in the First Information Report.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 Judicial

Magistrate, Thiruvarur, 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 at 10.30 a.m., for a period of two weeks and thereafter as and when required.

[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.

22.01.2024 vsg

C.V.KARTHIKEYAN , J.

vsg 22.01.2024