S Suganraj v. The State Rep By Its,

S.SOUNTHAR , J.

The petitioner herein seeks anticipatory bail in Crime No.167 of 2024 registered by the respondent Police for the offences under Sections 147, 148, 294(b), 323, 324, 506(2) and 307 IPC.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused abused the defacto complainant in filthy language and assaulted him with weapons, due to which, the defacto complainant sustained injuries. Hence, the case.

3. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in the case. He submitted that A1, A5, A10 and A12 were already granted anticipatory bail. Thus, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) stated that, due to previous enmity, the petitioner along with other accused abused the defacto complainant in filthy language and assaulted him with weapons, due to which, the defacto complainant sustained injuries. Hence, he prays for 1/4

dismissal of this petition.

5. Having regard to the nature of the allegations made against the petitioner and also the fact that some of the co-accused were granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

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 Judicial Magistrate V, Vellore on condition that the petitioner shall execute 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 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 stay at 2/4

sholinganallur and report before the Sholinganallur Town Police Station everyday at 10.30.a.m., for a period of two weeks.

[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;

29.05.2024 sma S.SOUNTHAR , J.

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