Bondurangahari v. State Rep By Inspector Of Police,Mettur Police Station,
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341 and 307 of IPC, in Crime No.195 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused have abused the defacto complainant and her husband viz., Venkatachalam and attacked him with knife causing grievous injuries on his head and hands. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready and willing to abide by any stringent condition that may be imposed by this Court. However, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) for the respondent would submit that the petitioner and other accused have abused and attacked the defacto complainant's husband causing grievous injuries on his head and hands. He would further submit that the injured has been discharged and there is no previous case as pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and also the submissions of either side, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Mettur, on condition that each of the
petitioner shall execute a separate 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 everyday at 10.30 a.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.
[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.
15.03.2023 jas
A.D.JAGADISH CHANDIRA, J.
jas 15.03.2023