L.Suthakar v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.56 of 2023, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Santhosh is that on 21.03.2023 at about 9.30 p.m., he was going to Medical shop to buy medicines and when he tried to overtake a lorry, there was a two wheeler parked across the road where the petitioner was taking with 3 persons. When the defacto complainant questioned the same, they abused and attacked him with hands and wooden log due to which, he sustained injuries. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent Police opposed for grant of anticipatory bail to the petitioner stating that due to the attacked made by the accused, the defacto complainant sustained injuries and he was treated as outpatient.

5. Heard the learned counsel on either side and perused the entire materials available on record.

6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Jayakondam, Ariyalur District, 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 shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and thereafter, on every Saturday 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.

[e] 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].

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

19.04.2023 (1/2) ksa-2

A.D.JAGADISH CHANDIRA, J., ksa-2 19.04.2023 (1/2)