R Chellamuthu v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest for the alleged offences under sections 294(b), 323, 324 & 506(ii) of IPC, in Crime No.84 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant, Veeran, is that on 05.03.2023, the accused were assaulting one Parthiban, who is the relative of the de-facto complainant, during which, the defacto complainant has questioned the accused, thereby, they have abused the de-facto complainant in a filthy language and assaulted him with knife, resulting in which, the de-facto complainant has sustained with grievous injuries. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that only the de-facto complainant and his relative have attacked the petitioners, due to which,

a case was registered against the de-facto complainant in Crime No.85 of 2023. He also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that it is the case, where, the petitioners along with another person, have abused and assaulted the relative of the de-facto complainant and when it was prevented by the de-facto complainant, he was assaulted by the accused, due to which, he sustained grievous injuries. He further submitted that it is a case and a case in counter. He also submitted that the injured has been discharged from the hospital, however, he opposed for granting anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and taking note of the fact that it is a case and a case in counter and also considering that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. 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 No.I, Attur, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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 his 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 absconds, a fresh FIR can be registered under Section 229A IPC.

30.03.2023 ham

A.D.JAGADISH CHANDIRA, J.

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