Kamesh v. State Represented By

K.KUMARESH BABU , J.

The petitioner herein seeks anticipatory bail in Crime No.164 of 2024 registered by the respondent Police for the offence under Sections 341, 294(b), 324 and 506(ii) of IPC.

2. The case of the prosecution is that, there is a dispute between the petitioner and the defacto complainant with regard to playing cricket, due to which, petitioner attacked the defacto complainant using tube light, stone, wooden log. Hence, the case.

3. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks grant of anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl. Side) submitted that, injured victim has been discharged from the hospital and the investigation in this case has been completed. However, he opposed for grant of anticipatory bail to the petitioner.

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4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail 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 XXIII rd Metropolitan Magistrate, Saidapet, 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.

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[b] the petitioners shall report before the respondent Police, daily at 10.30 a.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; 08.05.2024 Sma 3/4

K.KUMARESH BABU , J.

Sma 08.05.2024 4/4