Naveen v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A6 & A7 who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 341, 427, 336, 307 and 506(2) of IPC in Crime No.262 of 2019, seek anticipatory bail.

2.

It is stated that the defacto complainant had accosted one Mr.Ramkumar, who had sustained injuries caused by the accused persons and had been admitted to Stanley Hospital, Chennai. The petitioners herein had intercepted the defacto complainant and another person and had tried to cut his neck. But the defacto complainant and the other person had somehow escaped. Grievous injuries has been caused.

3.

It is seen that the earlier application seeking Anticipatory Bail had been dismissed by this Court on 20.10.2023 in Crl. O.P. No.24241 of 2023. Subsequently, A1 and A2 had been arrested and granted bail. There has been substantial progress in the investigation. The injured has also been discharged from the Hospital.

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4.

Taking into consideration these facts, anticipatory bail is granted to the petitioner with certain conditions.

5.

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 Court-II, Poonamallee, 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 morning 10.30 a.m. and 2/4

evening at 5.30 p.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 under Section 229A IPC.

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C.V.KARTHIKEYAN,J.

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