M.Kavimani v. The Inspector Of Police

Dr.G.JAYACHANDRAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 324, 506(ii) of IPC in Crime No.27 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel developed into a physical altercation in between the petitioner and the defacto complainant. Hence, the complaint.

3. The learned Government Advocate submits that there arose a dispute in between the petitioner and the defacto complainant due to previous enmity. He further submitted that the injured person has been treated as an out patient and he was discharged from the hospital.

4. Considering the facts and circumstances of the case and also considering that the person who sustained injuries in the alleged occurrence has been discharged from the hospital. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

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4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Rasipuram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 his 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 not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer twice daily at 10.00 am and at 5.00 pm, until further orders and shall co-operate for investigation. (d)the petitioner shall not abscond either during investigation or trial;

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(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 has been imposed and the petitioner 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;

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

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Dr.G.JAYACHANDRAN. J, Sma/rgm 09.03.2022 4/4