Sambath Kumar v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 323, 506 (i) of IPC in Crime No.10 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and petitioners are running shops adjacent to each other. Due to previous enmity, a wordy quarrel arose between them. The petitioners abused the defacto complainant and assaulted him. The defacto complainant sustained simple injuries. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners have no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioners. 1/4

4. The learned Government Advocate (Crl.Side) would submit that the victim sustained simple injuries. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate,No.II, Poonamallee, condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned may 2/4

obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police on every Saturday at 10.30 a.m for a period of four weeks and thereafter, as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

12.01.2023 vsn 3/4

T.V.THAMILSELVI,J.

vsn 12.01.2023 4/4