Senthil v. The State Of Tamilnadu Rep By

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), 323 and 506(ii) of IPC in Crime No.769 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused waylaid the defacto complainant, abused and assaulted him and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that this is second anticipatory bail application and the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.2887 of 2022 vide Order dated 08.02.2022, however he was unable to furnish the sureties and thereby, the earlier Order has got lapsed and the present anticipatory bail has been filed.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to previous enmity, the petitioner along with other accused waylaid the defacto complainant, abused and assaulted him and also threatened him with dire consequences. He would further submit that the petitioner was granted anticipatory bail by this Court in Crl.O.P.No.2887 of 2022 vide Order dated 08.02.2022, however he failed to execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioners is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Taluk Legal Services Authority, attached to the concerned Court and on such receipt, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the

date on which the copy of the order is made ready, before the learned XIV Metropolitan Magistrate, 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 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation.

[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.

A.D.JAGADISH CHANDIRA, J.

mpa [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 abscond, a fresh FIR can be registered under Section 229A IPC.

17.03.2023 mpa