M.Parthiban v. State Rep By
T.V.THAMILSELVI, J.
The petitioners who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 323, 324, 341, 506(ii) of IPC, in Crime No.87 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 17.03.2024, when the defacto complainant went to Kovalam beach to see his friends and while he was returning to Kelambakkam towards Vandalur Road on his two wheeler, an auto driver stopped him and used filthy language. The further allegation is that the auto driver took his phone and asked Thiyagarajan to come to his place. Due to which, the auto driver and Thiyagarajan hit stones on the defacto complainant and caused injury to him. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been
falsely implicated in this case. He would further submit that without prejudice their rights, they would ready to deposit some amount to the credit of Crime No.87 of 2024. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners along with other accused assaulted the defacto complainant with knives and stones and also used filthy language. He further submits that the petitioner has no previous case pending against him. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
6.Considering the facts and circumstances of the case and also the fact that the petitioners without prejudice their rights, ready to deposit
some amount to the credit of crime No.87 of 2024, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thiruporur, on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a]the petitioners 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 petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.87 of 2024, before the concerned Magistrate within a period of two weeks from the date on which the order copy made ready and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount Rs.5,000/- on filing undertaking affidavit and proper identification and acknowledgment;
(c) the petitioners shall report before the respondent police daily at 10.30 a.m, for a period of eight weeks;
(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 have been imposed and the petitioners 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;
16.04.2024 drl
T.V.THAMILSELVI, J.
drl 16.04.2024