Ramasamy @ Thomas v. The State Rep. By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of IPC in Crime No.218 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that on 29.03.2024, while the defacto complainant was standing near a prayer hall two persons were playing carrom board. The further allegation is that the petitioner questioned them as to why they were playing carrom board in a public road, for which the defacto complainant intervened and questioned the petitioner, due to which, the petitioner attacked the defacto complainant with knife and threatened with dire consequences. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that due to wordy quarrel between the petitioner and the defacto complainant, he has been falsely implicated in this case. He further submits that he has not committed any such offence as alleged by the prosecution and no way connected with the

alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that there was a wordy quarrel between the petitioner and the defacto complainant for which, the petitioner attacked the defacto complainant with knife and caused injury to him. He further submits that the injured has been discharged from the hospital. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Udumalpet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent police as and when required for interrogation; [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 has been imposed and the petitioner 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;

T.V.THAMILSELVI, J.

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

16.04.2024 drl