Shanthi v. State Rep. By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 332 and 307 IPC, in Crime No.53 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant Mr.Arun, Sub Inspector of Police of the respondent police station is that on 07.02.2023, he had gone in search of one Sathish in connection with a case in Crime No.52 of 2023, during which, the said Sathish abused him with filthy language and also assaulted with knife resulting him in sustaining injuries. The other accused/the petitioners herein, surrounded the defacto complainant and abused in filthy language and also intimidated him. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case since they happened to be he relatives of the said
Sathish. He further submitted that the said Sathish has been arrested and the petitioners who have no role have been falsely arrested in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioners are the relatives of A1/Sathish. When the defacto complainant who is the Sub Inspector of Police of the respondent police station, had gone in search of A1/Sathish in connection with a case in Crime No.52 of 2023, all the accused surrounded him and abused with filthy language during which, A1/Sathish stabbed the defacto complainant with knife and caused him injuries. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.
6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, 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 XVIII Metropolitan Magistrate, Saidapet, Chennai-15, on condition that the petitioners shall execute a separate 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 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 report before the respondent police everyday at 07.30 p.m. for a period of three weeks and thereafter, every Saturday at 07.30 p.m. until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 02.06.2023 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 02.06.2023