Geetha v. The State Rep By Its,

Crl.O.P.No.8085 of 2020 Crl.O.P.No.8085 of 2020 A.D.JAGADISH CHANDIRA, J.

The petitioners/A1, A2 & A4 who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 294(b), 323, 324 and 307 of IPC in Crime No.1101 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 17.05.2020 there was a quarrel between the petitioners and the defacto complainant. The petitioners abused and attacked the defacto complainant with wooden log and thereby the defacto complainant sustained grievous injuries. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that there is a case in counter in Crime No.1099 of 2020 and that a false case has been foisted against them. He further submitted that A2 was arrested and remanded to judicial custody. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. However, he opposed for the grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital and also that there is a case in counter, this petition is dismissed as withdrawn in respect of A2 and so far as A1 and A4 are concerned, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

6. Accordingly, the petitioners/A1 and A4 are directed 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 1/2 http://www.judis.nic.in

Crl.O.P.No.8085 of 2020 A.D.JAGADISH CHANDIRA, J.

rri learned Judicial Magistrate-I, Udumalpet, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety, 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/A1&A4 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/ A1&A4 shall report before the respondent police as and when required for interrogation. [c] the petitioners / A1&A4 shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners / A1&A4 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.

02.06.2020 rri Crl.O.P.No.8085 of 2020 2/2 http://www.judis.nic.in