Dhanasekar @ Dhanasekaran v. Inspector Of Police
A. D. JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324 & 307 of IPC, in Crime No.668 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that on 25.12.2022 due to previous enmity, the petitioner along with other accused have gone to the defacto complainant's butcher shop and assaulted one Venkatesh, nephew of the defacto complainant with knife and stones and threatened with dire consequences, due to which he sustained injury. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he 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 due to previous enmity, the petitioner along with other accused said to have went to the defacto complainant's butcher shop and assaulted one Venkatesh, nephew of the defacto complainant with knife and stones and threatened with dire consequences, due to which he sustained injury and the injured person discharged from the hospital and it is a counter case. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the submissions made by the both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.5, Salem, 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 petitioner is directed to 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.
A. D. JAGADISH CHANDIRA, J.
gbi [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 absconds, a fresh FIR can be registered under Section 229A IPC.
05.04.2023 gbi