Bharani Thamizhan v. The State Rep By Its,
S.SOUNTHAR , J.
The petitioner herein seeks anticipatory bail in Crime No.178 of 2024 registered by the respondent Police for the offences under Sections 294(b), 323, 324, 427 and 506(ii) of IPC for the occurrence which took place on 20.05.2024.
2. The case of the prosecution is that the defacto complainant is a hotel owner. On 20.05.2024 at about 9.15 p.m., the petitioner herein and his friend went to the defacto complainant's hotel for dinner. After having dinner, it is alleged that the petitioner and his friend did not pay the bill amount. When it was questioned by the defacto complainant, a wordy quarrel was started between them which escalated into violence. Due to which, Due to which, the defacto complainant sustained injuries. Hence, this case.
3. The learned counsel for the petitioner stated that the petitioner has not involved in any offence as alleged by the prosecution and he has been falsely implicated in Crime No.178 of 2024 registered by the 1/4
respondent Police for the offences under Sections 294(b), 323, 324, 427 and 506(ii) of IPC. Thus, he seeks anticipatory bail to the petitioner herein.
4. Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal side) stated that the petitioner herein and his friend attacked the defacto complainant. He would further submit that the injured has been discharged from the hospital. Thus, he prays for dismissal of this petition.
5. Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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 made ready, before the learned Judicial Magistrate - II, Alandur, on condition that the petitioner shall execute 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 2/4
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 everyday at 10.00.a.m., until further orders. [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 petitioners 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;
29.05.2024 jas 3/4
S.SOUNTHAR , J.
jas 29.05.2024 4/4