Ajithmuthu @ M.Ajithkumar v. The Inspector Of Police
A.D.JAGADISH CHANDIRA,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 323, 506(ii) of IPC, in Crime No. 438 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Devaraj is that the accused dashed against the back side of the defacto complainant's bike and when the same was questioned by him, the accused had abused him in filthy language and also assaulted him with wooden log by saying that they are from the Hindu Seva Sangam and also threatened him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and due to political reason, a false complaint has been given by the defacto complainant. He further submit that the petitioner has no previous case against him and hence, he prays
for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that due to political reason, the accused abused the defacto complainant in filthy language and also assaulted him with wooden log. He further submits that the petitioner has no previous case pending against him. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.
6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also the fact that the petitioner has no previous case pending against him, 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, before the learned Judicial Magistrate No.IV, Tiruppur, 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, 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 is directed to appear before the respondent police everyday at 10.30 a.m, and 5.30 p.m, until further orders.
[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.
A.D.JAGADISH CHANDIRA,J.
drl [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 abscond, a fresh FIR can be registered under Section 229A IPC.
14.03.2023 drl