Vijayarangan@Sakthivel v. State Rep By
Dr.G.JAYACHANDRAN, J., The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 323, 506(i), 379 of IPC in Crime No.80 of 2022, on the file of the respondent police, seek anticipatory bail.
2. On reading the FIR, it is alleged that the petitioners attacked the defacto complainant for taking photographs of their JCB loading red sand.
3. As per the complaint, the petitioners came to his house and attacked him for taking photographs, due to which, the defacto complainant sustained injuries on his left forearm, back and all over his body. It is also alleged that 11⁄2 sovereign gold chain was snatched by one Rubi @ Praveen Mano (arrayed as A2) and the cell phone was snatched by one Dhilip @ Dhilip Maran ( arrayed as A3) and the two wheeler was snatched by by one Suman (arrayed as A5) and further the petitioners threatened the defacto complainant that they will finish him, if he cross the way of his uncle Vijayarangan. 1/4
4. According to the FIR, the alleged incidents took place on 09.03.2022, whereas the complaint was given on 16.03.2022 and further there is no explanation from the defacto complainant for taking photographs of the JCB, which has provoked the incident.
5. In view of the above facts, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned DM cum JM, Vanur on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the Investigation 2/4
Officer daily at 10.30. a.m., until further orders; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners shall not abscond either during investigation or trial;
(e) 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;
(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
23.03.2022 Sma/dsn 3/4
Dr.G.JAYACHANDRAN,J.
Sma 23.03.2022 4/4