Thanith Kumar @ Periyakarupu v. The Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioner, who apprehends arrest for the alleged offences under Sections 148, 294(b), 324, 427, 506(ii) of IPC and Section 4 of TNPHW Act in Crime No.37 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused have attacked the defacto complainant's son and her sister's son and when it was questioned by the defacto complainant, the petitioner along with other accused have abused her and assaulted her with wooden log and threatened her and also outraged her modesty by pulling her saree. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that the petitioner has nothing to do with the alleged offence and he is ready to abide
by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner along with other accused have attacked the defacto complainant's son and when it was questioned by the defacto complainant, the petitioner along with other accused have abused her and assaulted her with wooden log and threatened her and also outraged her modesty by pulling her saree. He would further submit that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact
that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Metropolitan Magistrate No.XIII, Egmore, Chennai, on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent police daily at 7.00 p.m.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions have 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
18.04.2023 vkr
A.D.JAGADISH CHANDIRA , J.
vkr 18.04.2023