Selvakumar Alias Selvam v. State Rep By
T.V.THAMILSELVI,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) IPC in Crime No.53 of 2023, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the accused persons have abused the father of the defacto complainant in a filthy language, assaulted him with iron rod, wooden log and hands and also threatened him. Hence the complaint
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to previous enmity, they have been falsely implicated in this case. He would further submit without prejudice, the petitioners are jointly prepared to deposit a sum of Rs.10,000/- to the credit of Crime No.53 of 2023 and they have no objection in the amount being disbursed to the father of the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to previous enmity, the petitioners along with other accused have abused the father of the defacto complainant in a filthy language, assaulted him with iron rod, wooden log and hands and also threatened him. He would further submit that the injured is still taking treatment in the private hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl.side) for the respondent and perused the entire materials available on record.
6. Taking into consideration the facts of the case and the submissions made by the learned counsel and also of the fact that the petitioners are jointly prepared to deposit some amount to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Ulundurpet, Kallakurichi District on condition that each of the petitioners 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 petitioners 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 petitioners shall jointly deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.53 of 2023, within a period of two weeks from the date of receipt of a copy of
this order. On such deposit, the learned Magistrate shall disburse the amount deposited to the credit of Crime No.53 of 2023 to the father of the defacto complainant.
[c] the petitioners shall report before the respondent Police on every Tuesday and Sunday at 10.30 a.m., for a period of eight weeks.
[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;
[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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 24.02.2023 vkr
T.V.THAMILSELVI,J.
vkr 24.02.2023