J Sudhakar And Another v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence punishable under Sections 294(b), 448, 324, 427 and 506(i) of IPC in Cr.No.192 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to money dispute, the petitioners along with other accused persons abused the de-facto complainant using filthy language, attacked him by using some vessels and threatened him with dire consequences, due to which, the de-facto complainant sustained serious injuries. Hence, this complaint.

3. Learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He would further submit that, the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/5

4. Learned Government Advocate (Crl.side) submits that due to some financial dispute, the petitioners along with other accused persons attacked the de-facto complainant, due to which he sustained injuries got admitted in the hospital and was subsequently, discharged from the hospital. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the fact that the injured was discharged from the hospital and also the fact that the petitioners on their own volition, are ready to deposit an amount of Rs.10,000/- to the credit of the Cr.No.192 of 2023, this Court is inclined to grant anticipatory bail to the petitioners 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 the Cr.No.192 of 2023 within a period of four weeks from the date on which the order copy is made ready, 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 II, Alandur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only)each, 2/5

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.192 of 2023 before the concerned Magistrate of four weeks from the date on which the order copy is made ready and the de-facto 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 shall report before the respondent police on every Tuesday at 10.30 a.m. for a period of two months;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during 3/5

investigation or trial;

T.V.THAMILSELVI, J.

skt (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.

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