Janarthanan Janath v. The State Of Tamil Nadu

C.SARAVANAN, J.

The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.158 of 2024, seek anticipatory bail.

2. The petitioners are accused Nos.2 and 4. The alleged offence is said to have taken place on 24.04.2024 when the de-facto complainant was proceeding to Wasim's Biriyani Stall situated at Decastor Road. The petitioners along with other accused are alleged to have waylaid and attacked the de-facto complainant in a drunken mood with hands and knife. Hence, the case.

3. The learned counsel for the petitioner would submit that A1 & A3 have already been granted bail in Crl.M.P.No.24534 of 2024, dated 06.05.2024 by the learned X Metropolitan Magistrate, Egmore, Chennai. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no history of petitioner having involved in any criminal case in earlier.

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

6. Considering the facts and circumstances of the case and the fact that the co-accused A1 & A3 have been released on bail in Crl.M.P.No.2534 of 2024, dated 06.05.2024 and also the submissions made by either sides, this 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 X Metropolitan Magistrate, Egmore, Chennai, 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.

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[d] the petitioner shall donate a sum of Rs.5,000/- (Rupees Five thousand only) to the Blue Cross, Chennai; [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.

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C.SARAVANAN, J.

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