Pandiyan Alias Pandiduray v. The Inspector Of Police

Crl.O.P.No.11707 of 2024 K.KUMARESH BABU, J.

The petitioner/ A2 in Crime No.131 of 2024 registered by the respondent police for the offences punishable under Sections 294(b), 452, 323, 324, 341, 436 and 506(2) of IPC seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused had knocked the door of the defacto complainant's house and sought alcohol. The defacto complainant had refused to give the same, the petitioner and others abused and assaulted the defacto complainant with knife and caused injuries. The further case of the prosecution is that they have fired the defacto complainant's vehicle and criminally intimated him. Hence, the complaint.

3. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and due to election motive, he has been falsely

implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent stated that the petitioner along with others had abused and assaulted the defacto complainant and caused injuries to him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking all the factors into consideration and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 6.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-I, Mettur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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 on everyday at 10.30 a.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.

09.05.2024 Vv

K.KUMARESH BABU, J.

Vv Crl.O.P.No.11707 of 2024 09.05.2024