Justin Paulraj v. The State Rep.By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 147,148,341,294(b),323,324,307 of I.P.C in Crime No.313 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was some money dispute between the petitioner and the defacto complainant, due to which the petitioner abused and brutally attacked the defacto complainant and caused grievous injuries all over the body. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) would submit that there was a money dispute between the petitioners and the defacto complainant, due to which the petitioners brutally attacked the defacto

complainant and caused head injuries and grievous injuries all over the body. He would further submit that there are eight previous cases pending against the petitioner. Hence he opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.313 of 2022, within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-I, Ulundurpet 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 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 final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [c] the petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.00 p.m., for a period of two months. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.04.2023 rri

T.V.THAMILSELVI, J.

rri 05.04.2023