Alagu Subramaniyam v. The State Rep By
Crl.O.P.No.8752 of 2024 T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.12 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons have abused the defacto complainant and attacked him, due to which, the defacto complainant sustained injury. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation is almost completed and the injured person has been discharged from the hospital. He further submitted that there are four previous cases pending as aginst the petitioner. Hence, he vehemently opposed for grant anticipatory bail to the petitioner.
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5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and the petitioner is ready and willing to deposit some amount to the credit of crime number to show his bnafide, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.12 of 2024, within a period of two weeks from the date on which the order copy made ready, and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Dharapuram, on further 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 shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.12 of 2024 before the trial Court, within a period of two weeks from the date on which the order copy made ready. On such deposit, the Page No.2/4
defacto complainant is permitted to withdraw the said amount by filing the necessary affidavit before the Court below.
[b] 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. [c] the petitioner shall report before the respondent police on every Tuesday at 10.30. a.m., for a period of three months and thereafter as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.
[f] 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].
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T.V.THAMILSELVI,J.
msrm [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
10.04.2023 msrm Crl.O.P.No.8752 of 2024 Page No.4/4