Sudhakar v. State Rep By Its

G.CHANDRASEKHARAN,J.

The petitioner, who apprehends arrest for the alleged offences under sections 294 (b), 353, 427, 506 (ii) of the Indian Penal Code, 1860 in Crime No.71 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that, defacto complainant was working as a sales man in ration shop No.4 (GPO 639 PN). On 19.04.2022, at about 05.00.p.m., when the complainant had distributed the provisions to the customers, due to server down, unable to issue bills to customers. Due to which there was a wordy quarrel between the petitioner and the defacto complainant.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and has been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioner. 1/4

4.The learned Government Advocate (Criminal Side) appearing for the respondent police stated that, during the alleged occurrence, no one sustained injuries.

5.Considering the fact that, there was only a wordy quarrel, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate No.I, Tindivanam 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 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 his 2/4

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 not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders; (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 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;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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G.CHANDRASEKHARAN,J.

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