G.Saravanan v. The State Rep By

C.SARAVANAN, J.

The petitioner apprehends arrest by the respondent for the alleged offences in Crime No.102 of 2024 punishable under Sections 147, 148, 341, 294(b), 323, 324 & 506(ii) of IPC. Thus, the petitioner seeks anticipatory bail.

2. The petitioner is not a named person in the FIR registered in Crime No.102 of 2024. It appears that the petitioner was present on the date of crime when the defacto complainant was injured by the prime accused in Cr.No.102 of 2024.

3. It appears that the petitioner was one of the un-identified person in Cr.No.2 of 2024 when the prime accused and others had allegedly injured the defacto complainant using a rod in his head and hand.

4. The learned counsel for the petitioner would submit that the petitioner is no way connected with the above case.

5. The learned Government Advocate (Crl. side) on instructions would submit that the injured has been discharged from the hospital.

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 Metropolitan Magistrate No.II, Egmore 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 Orphanage in Thiruvallur District. [e] the petitioner shall report before the respondent Police 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.

23.05.2024 vum

C.SARAVANAN, J.

vum 23.05.2024