Kumaran v. The Inspector Of Police

C.SARAVANAN, J.

The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 295(b), 323, 353, 307, 506(2) of IPC in Crime No.657 of 2018, seeks anticipatory bail.

2. The case of the prosecution that on 03.08.2018, when the de-facto complainant was conducting vehicle check up, there was a wordy quarrel between the de-facto complainant and the accused persons. During which, the accused attacked the de-facto complainant and threatened him with knife and thereafter escaped from the spot. 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. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner has no history of being involved in any criminal case in the past. However, would submit that the petitioner who is absconding had obstructed the police from discharging their functions when Page No.1 of 5

they had attempted to enquire him with the other accused, who were allegedly carrying load of sand. She would further submit that the accused Nos.1 & 2 have been granted bail and the accused Nos.3, 4 and 5 have been granted anticipatory bail.

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

6. Considering the fact that the co-accused have been granted bail and anticipatory bail as stated above and also the submissions made by either sides, 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, Kancheepuram District, 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.

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[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 a recognized and registered Orphanage in Vellore District;

[e] the petitioner shall report before the respondent police daily at 09.30 a.m. for a period of four weeks and thereafter as and when required for interrogation till the date of filing of the final report;

[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 Page No.3 of 5

[(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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