John Wilson. A v. State Rep. By

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 294(b), 324, 506(2) of IPC in Crime No.102 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that on 29.03.2024 about 8.30 p.m, when the defacto complainant was going to the wine shop at navalur, the accused persons restrained the defacto complainant using filthy language and also tried to extort money. The defacto complainant refused to give money, resulting in the accused causing grievous injury to the defacto complainant. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and the petitioners were bystanders to the incident and they have not involved in the above offence. The learned counsel, on instructions, would further submit that the petitioners, on their own volition, without prejudice to their rights, are ready to deposit the amount

of Rs.10,000/- to the credit of the crime number and hence he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners restrained the defacto complainant by using filthy language and extorted money from him and when he refused, the accused attacked him, causing grievous injury to the defacto complainant. He further submits that the accused A-2 has one previous case pending against him. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case and also the fact that the petitioners on his own volition, are ready to deposit the sum of Rs.10,000/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days

from the date of receipt of a copy of this order before the learned District Munsif cum Judicial Magistrate Court, Thiruporur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that: (a) the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.102 of 2024 before the learned District Munsif cum Judicial Magistrate Court, Thiruporur within a period of two weeks from the date of receipt of a copy of this order. (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioners shall stay at Karur and report before the Karur Town Police Station daily at 10.30 a.m, for a period of four weeks;

T.V.THAMILSELVI, J.

drl [d] the petitioners shall not tamper with evidence or witness either during investigation or trial; [e] the petitioners 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

10.04.2024 drl