Karthick v. State Rep By

S.SOUNTHAR, J The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 326, 506(ii) of IPC in Crime No.121 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, due to which, the petitioner along with other accused persons assaulted the defacto complainant with sickle and caused injuries to him. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that totally, there are four accused involved in this case, this petitioner is arrayed as A4. It is alleged that the petitioner along with assaulted the defacto 1/5

complainant with sickle and thereby, the defacto complainant's left hand thumb was amputated. He would further submit that A1 and A2 were already arrested and enlarged on bail. However, he would vehemently oppose to grant anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Having regard to the allegations made against petitioner in an FIR and also the submissions made by both counsel, this Court is inclined to grant anticipatory bail 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 Metropolitan Magistrate-XXIII, Saidapet, Chennai 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 2/5

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 their 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered 3/5

under Section 229A IPC.

05.05.2023 Vv S.SOUNTHAR, J 4/5

Vv 05.05.2023 5/5