Harihara Sudhan v. Police Department
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324, 353 and 506(ii) of IPC, in Crime No.159 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Muthukumar who is a Traffic Police is that on 31.03.2023, when the defacto complainant was on routine vehicle check up, the petitioner along with other accused under the influence of Alcohol, abused the defacto complainant with filthy language and also attacked him. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is working as a Collection Agent in a private company and he is an innocent person and that he has been falsely implicated in this case. He would further submit that the 2nd accused was arrested and subsequently, released on bail. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner/A1 along with other accused under the influence of Alcohol, abused the defacto complainant with filthy language and also attacked him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made on both sides and also of the fact that the coaccused has been enlarged on bail, 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
No.1 Judicial Magistrate, Virudhachalam, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties 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 everyday at 06.30 p.m., for a period of two weeks and thereafter, on every Saturday at 06.30 p.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 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 19.04.2023