Thirupathi A1 v. The Inspector Of Police
A.D.JAGADISH CHANDIRA,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) IPC in Crime No. 86 of 2023, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant Ullaganathan is that, he and his friends played rummy games with the petitioners, in which, the defacto complainant lost the money and thereafter, the defacto complainant and his friends asked to return back the money, for which, the wordy quarrel arose between the petitioners and the defacto complainant, in this incident, the petitioners and other coaccused assaulted the defacto complainant and his friends and also threatened with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely
implicated in this case and they have not committed any such offence as alleged by the prosecution. He would also submit that the petitioners undertake to abide by any stringent condition may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that the defacto complainant while playing rummy games with the petitioners lost his money, due to which, wordy quarrel arose between them, for which, the petitioners assaulted the defacto complainant and threatened with dire consequences. He would further submit that the injured has been discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and learned Government Advocate (Crl. Side) and perused the 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 injured has been discharged from the hospital, this Court is inclined to grant 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 Court No.V, Salem, on condition that the petitioners 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, 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 report before the respondent police everyday at 6.30 p.m., for a period of two weeks and
thereafter every Saturday at 6.30 p.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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
13.03.2023 drl A.D.JAGADISH CHANDIRA,J.
drl 13.03.2023