Mani @ T.Manikandan v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 294(b), 332 and 506 (ii) of IPC in Cr.No.42 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. Defacto complainant is a Bill Collector. The case of the prosecution is that while collecting tax, a wordy quarrel arose between the defacto complainant and petitioner's mother. Due to which, the petitioner took a tube light and hit the defacto complainant's head. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that the tax has been paid by the petitioner. He further submitted that there is no

previous case pending against the petitioner. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the tax has been paid by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned IX Metropolitan Magistrate, Saidapet 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before respondent police every Sunday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation;

(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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

28.02.2023 dk To The IX Metropolitan Magistrate, Saidapet

T.V.THAMILSELVI, J.

dk 28.02.2023