K.Ramesh v. Inspector Of Police

K.KUMARESH BABU , J.

The Petitioners/Accused in Crime No.180 of 2024 registered by the respondent police for the offences under Sections 294(b), 323, 324, 506(ii) IPC & Section 3 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that on the date of occurrence, the defacto complainant went to the petrol bunk were the petitioners were working and filed petrol in his bike. Therefore, a wordy quarrel arose between the parties as regards payment of bill though Google Pay and as a result, the petitioners abused the defacto complainant using filthy language and attacked him with weapon and caused injuries on him. Hence, this case. He further added that the injured has been discharged from the hospital.

3. The learned counsel for the Petitioners stated that the Petitioners are innocent persons and have not committed any offence as alleged. They have been falsely implicated in this case. He further added a counter case has 1/4

been filed against the defacto complainant and his friend in Crime No.179 of 2024. Thus, he prays for grant of anticipatory bail to the Petitioners herein.

4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioners subject to the following conditions. 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 Judicial Magistrate No.I, Viruthachalam on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 conditions 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.

2/4

[b] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for the interrogation. [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.

09.05.2024 Tsg 3/4

K.KUMARESH BABU , J.

Tsg 09.05.2024 4/4