Sakthivel And 4 Others v. State Rep. Byinspector Of Police,Gengavalli Police Station,Salem District
T.V.THAMILSELVI, J.
The petitioner who apprehends arrest for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC in Crime No.44 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 17.02.2023 due to previous enmity with regard to usage of common pathway, the petitioners assaulted the defacto complainant and his wife with deadly weapons and threatened with dire consequences due to which they sustained injury and treated in hospital. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioners, without prejudice to his right, are ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that on 17.02.2023 due to previous enmity with regard to usage of common pathway, the petitioners assaulted the defacto complainant and his wife with deadly weapons and threatened with dire consequences due to which they sustained injury and treated in hospital. He further submitted the investigation is almost completed and injured discharged from hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, the investigation is almost completed and the injured discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate II, Attur, 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 first and second petitioners are directed to report before the respondent police on every Wednesday at 10.30 a.m., for a period of six weeks.
[c] the third, fourth and fifth petitioners are directed to appear before the respondent police as and when required for interrogation.
[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 petitioner 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
T.V.THAMILSELVI, J.
jai 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.
01.03.2023 jai 01.03.2023