Sakthivel v. Inspector Of Police Villupuram Taluk Police Station
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC in Crime No.250 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as the per the defacto complainant is that on 12.04.2023 upon the instigation of the petitioner, the other accused persons have attacked the defacto complainant by hands and iron rod and also threatened him with dire consequences due to which he sustained injuries. Hence, case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person 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) appearing for the
respondent would submit that on 12.04.2023 upon the instigation of this petitioner, the other accused persons have attacked the defacto complainant by hands and iron rod and also threatened him with dire consequences. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsels on either side. Taking into consideration the facts and circumstances of the case and the injured has been discharged from hospital, 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate-1, Villupuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, 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 everyday at 10.30 a.m., for a period of two weeks and thereafter on every Saturday 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,
A.D.JAGADISH CHANDIRA, J.
gbi 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 abscond, a fresh FIR can be registered under Section 229A IPC.
28.04.2023 gbi