Kesavan v. Inspector Of Police, Thiruthuraipoondi Polie Station
T.V.THAMILSELVI,J.
The petitioner, who apprehend arrest for the alleged offence under Sections 294(b), 324 and 506 (ii) of IPC and Section 4 of TNPHW Act in Cr.No.78 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had abused the defacto complainant's daughter with filthy language and snatched her phone, when it was questioned by the defacto complainant, the petitioner herein abused the defacto complainant in an unparliamentary words and threatened the defacto complainant with dire consequence and attacked him with wooden log. Due to which, he sustained injuries on his head and he was hospitalized. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. However, the learned counsel, on instructions, would further submit that the
petitioner, without prejudice to his rights, is ready to deposit the amount of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No.78 of 2023. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) would submit that the petitioner had attacked the defacto complainant with wooden log. Due to which, he sustained injuries on his head. He further submitted that the injured has been discharged from the Hospital. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the injured has been discharged from the Hospital and the petitioner is ready and willing to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.78 of 2023, within a period of two weeks from the date on
which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which one surety must be blood related surety) 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 petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.78 of 2023 before the concerned Magistrate within a period of two weeks from the date of receipt of a copy of this order. On such deposit being made, the victim is permitted to withdraw the said deposit amount of Rs.10,000/- (Rupees Ten Thousand only) by filing the necessary application before the trial Court. (b) the petitioner shall report before the respondent police as and when required for interrogation.
(c)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; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner 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 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
02.03.2023 dk
To The Judicial Magistrate, Thiruthuraipoondi, Thiruvarur District
T.V.THAMILSELVI,J.
` dk 02.03.2023