Joseph v. The Inspector Of Police

K.KUMARESH BABU., J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b),324,506(ii) of Indian Penal Code in Crime No. 155 of 2024, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioner attacked the defacto complainant and caused simple injuries.

3. It is stated that the petitioner has not committed any offence as alleged by the respondent and he is no way connected in the above case. The petitioner is falsely implicated in this case.

4. It is stated that the petitioner is ready to abide any condition that may be imposed by this Hon'ble Court and ready to furnish substantial sureties to the satisfaction of the Trail Court. Hence, the petitioner seeks to enlarge the petitioner on bail in the event of arrest in in the hands of respondent in Cr.No.155 of 2024 pending investigation on the file of the respondent police.

5. Taking all the factors into consideration and also the fact that no similar petition filed or pending before the Sessions Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6. Accordingly, the petitioner is 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 learned District Munsif cum Judicial Magistrate, Madhavaram on condition that the petitioner shall execute a separate bond 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 this Court 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 appear before the respondent police daily at 10.30 a.m., and thereafter, as and when required for interrogation. [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 Page No:2/4

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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K.KUMARESH BABU., J.

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