Rithis v. State Rep By The Inspector Of Police, Pollachi Town East Police Station
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 387, 324 and 506(ii) of IPC in Crime No.91 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on 23.03.2023, the petitioner along with other accused waylaid the defacto complainant, abused and attacked him and also demanded money from him under threat. Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (criminal side) for the respondent would submit that on 23.03.2023, the petitioner along with other accused waylaid the defacto complainant, abused and attacked him
and also demanded money from him under threat. He would submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner/accused.
5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made by 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 Judicial Magistrate-I, Pollachi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five
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 his 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., 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].
A.D.JAGADISH CHANDIRA, J.
mpa [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.04.2023 mpa