A Ignatious v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest for the alleged offences under Sections 324, 341 and 506(ii) of IPC in Crime No.52 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are relatives and due to family dispute, there was a wordy quarrel between them, during the quarrel, the petitioner has abused and assaulted him with wooden log resulting in him sustaining injuries. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are relatives and when the defacto complainant had attempted to assault the petitioner in an inebriated condition, the incident has happened. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court, hence, he prayed for grant of anticipatory bail to the

petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that the petitioner and the defacto complainant are relatives and there was a tension prevailing between the family, the petitioner has assaulted the defacto complainant with wooden log resulting in him sustaining grievous injuries. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.

6. Considering the above facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that the injured has been discharged from the hospital, 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 Metropolitan Magistrate No.XXIII, Saidapet, 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 stay at Nagercoil and report before the Inspector of Police, Kottar Police Station, daily at 10.30 a.m.

[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;

18.04.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 18.04.2023