G.Iyyappan v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 307 & 506(ii) of IPC, in Crime No.14 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that, due to previous enmity, the petitioner along with other accused persons has abused him in filthy language and attacked him with knife and wooden log and threatened him and thereby causing injuries to him and he had been admitted in the Mayiladuthurai Government Hospital. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, he has been falsely been falsely implicated in this case. He further submits that the petitioner has one previous case against him in Cr.No.267 of 2022. He further submits that

the petitioners A1 and A2 were arrested and released on bail by this Court in Crl.OP.No.3769 of 2023 vide order dated 20.02.2023 and he has abide by any condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, the petitioner along with other accused persons has abused him in filthy language and attacked with knife and wooden log and also threatened him, causing injuries to him. He further submit that the injured has been discharged from the hospital and there is one previous case pending against him in similar nature. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel on either sides and perused the entire 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 co-accused has been

arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.14 of 2023 before the concerned Magistrate from the date on which the order copy is made ready, and on such, 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 Judicial Magistrate Court No.I, Mayiladuthurai, Mayiladuthurai District, 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 shall report before the respondent police on every Tuesday and Sunday at 10.30 a.m., for a period of six weeks;

[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/TrialCourt 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;

16.03.2023 drl

A.D.JAGADISH CHANDIRA. J.

drl 16.03.2023