Nagaraj v. The State Rep By

C.SARAVANAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 392, 397 and 307 of IPC in Crime No.543 of 2021 and therefore seeks anticipatory bail.

2. The case of the prosecution is that on 09.08.2021, there was a wordy quarrel between the petitioner/A3 along with other accused with the de facto complainant and it is alleged that the petitioner assaulted the de facto complainant and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the first accused has also secured an order of bail on 20.12.2021 in Crl.M.P.No.11320 of 2021 and the second accused has died. Therefore, he prays to grant anticipatory bail to the petitioner.

4. Mr.R.Vinothraja, learned Government Advocate (Criminal Side) for the respondent would state that the petitioner is involved in three other criminal Page No.1 of 4

cases and these cases are under investigation. Hence, he vehemently opposed to the grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the same and the fact that there was an attempt to take law into their own hands, the Court is inclined to grant Anticipatory Bail to the petitioner and the petitioner shall be released immediately on bail, in the event of arrest or on his appearance, with subject to the following conditions:- [a] the petitioner shall appear before the learned Judicial Magistrate No.II, Chengalpattu, within a period of fifteen days from the date on which the order copy made ready. [b] 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.

[c] 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.

[d] the petitioner shall donate a sum of Rs.10,000/- (Rupees Ten Thousand only) to the recognized and registered Page No.2 of 4

Orphanage in Chengalpattu District.

[e] the petitioner 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 interrogation. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] the petitioner shall not abscond either during investigation or trial.

[h] 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].

[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

22.05.2024 jas Page No.3 of 4

C.SARAVANAN, J.

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