P.Arun @ Arunkumar v. State Rep By

CRL.O.P.No.2792 of 2023 T.V.THAMILSELVI, J.

The petitioners, who apprehends arrest for the alleged offences under Sections 147,148,294(b),323 and 324 and 307 of IPC in Cr.No.668 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity the petitioner assaulted the attacked the defacto complainant with knife and caused severe injuries him . Hence, the case. 3.The learned counsel appearing for the petitioners submits that he has no way connected with the alleged occurrence and he has been falsely implicated in this case. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that due to previous enmity the petitioners assaulted the attacked the defacto complainant with knife and caused severe injuries him. Hence he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and that the petitioners on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.668 of 2022, within a period of fifteen (15) days and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.V, Salem on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(RupeesTenThousandOnly),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 failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a)the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees ten Thousand only) to the credit of Crime No.668 of 2022 before the concerned Magistrate within a period of fifteen (15) days and the defacto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment;

(b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners are directed to appear before the respondent police every Wednesday at 10.30 a.m for a period of four weeks and thereafter, appear before the trial Court on all hearing dates.

(d)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;

T.V.THAMILSELVI, J.

smn (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 anticipatory 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.

08.02.2023 smn