Siva v. State Rep By

C.SARAVANAN, J.

The petitioner / A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 147, 148, 294(b), 323, 324 and 506(ii) of IPC in Crime No.160 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant had an illegal affair with the spouse of the 1st accused and therefore, the petitioner along with other accused had questioned the defacto complainant, which led to a wordy quarrel and fight between the accused and the defacto complainant, as a result, the defacto complainant was injured. Hence, the case.

3. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. He further submits that the prime accused A1, A2 and A3 have been granted anticipatory bail by this Court on 17.05.2024 in Crl.O.P.No.12004 of 2024. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) also confirms the above fact that the prime accused A1 to A3 have been granted anticipatory bail Page No.1 of 4

by this Court on 17.05.2024 in Crl.O.P.No.12004 of 2024. It is seen that the petitioner is aged about 18 years and appears to be a person who would have passed out of his school. Considering the same, this Court is inclined to take a lenient view and grant anticipatory bail to the petitioner.

5. 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 is made ready, before the learned Judicial Magistrate - I, Tambaram, on condition that 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, 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 every Saturday at 10.30 a.m., for a period of two weeks and and thereafter, as and when required for interrogation;

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[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.

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C.SARAVANAN, J.

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