Gopi v. The Sub Inspector Of Police
K.GOVINDARAJAN THILAKAVADI, J.
The petitioners, who apprehend arrest for the alleged offences under Sections 341, 294(b), 323 and 506 (ii) of I.P.C. read with Section 3 of TNPPDL Act in Crime No.204 of 2023, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that on 09.04.2023, when the defacto complainant travelled in his car bearing registration No.TN 20 DY 6251, the first petitioner waylaid the defacto complainant and attacked him, thereby causing injuries. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are no way connected with the alleged offence. He also submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to 1/5
the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners attacked the defacto complainant and caused simple injuries and damaged the car, belongs to the defacto complainant.
5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.
6.Considering the facts and circumstances of the case and the submissions made by the learned counsel on either side and also considering the fact that the injury is simple in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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7. 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 learned District Munsif cum Judicial Magistrate, Pallipattu, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioners shall report before the respondent police everyday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation; [c] the petitioners shall not tamper with evidence or 3/5
witness either during investigation or trial; K.GOVINDARAJAN THILAKAVADI, J.
vga/rsi [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.
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