Vasanthkumar v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.142 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the the petitioners and the defacto complainant are living in the same village and on the said date of occurrence some wordy quarrel arose between them regarding previous enmity for which, the petitioners used filthy languages against the defacto complainant and assaulted him with hands and thereby, he sustained simple injuries. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail in Crl.MP.No.454 of 2023 dated 15.03.2023 before the District and Sessions Judge, Kancheepuram, however they were unable to furnish the sureties and thereby, the earlier
Order has got lapsed and hence the present anticipatory bail has been filed.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to wordy quarrel with regard to previous enmity, the petitioners abused the defacto complainant with filthy language and assaulted him with hands and thereby caused simple injuries to him. He further submit that the injured has been discharged from the hospital. He would further submit that the petitioners were granted anticipatory bail by this Court in Crl.MP.No.454 of 2023 dated 15.03.2023 before the District and Sessions Judge, Kancheepuram, however they failed to execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and circumstances of the case and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are 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, Sriperumandur, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders.
[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.
[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.
30.03.2023 drl
A.D.JAGADISH CHANDIRA, J.
drl 30.03.2023