Karunagaran v. State Rep. By

S.SOUNTHAR , J.

The petitioner herein seeks anticipatory bail in Crime No.224 of 2024 registered by the respondent Police for the offences under Sections 294(b), 324, 506(ii) of IPC.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in Crime No.224 of 2024 registered by the respondent Police for the offences under Sections 294(b), 324, 506(ii) of I.P.C. Thus, he seeks anticipatory bail to the petitioner.

3. The learned Government Advocate (Criminal side) stated that, on 10.05.2024 at about 07.30 p.m., when the petitioner was sitting on the dustbin in an inebriated mood near the defacto complainant's house, it was questioned by the defacto complainant, thereby the petitioner said to have picked up quarrel with him and also assaulted him with machete on his head and left shoulder, due to which, he suffered with injury on the head and shoulder. Subsequently, he was admitted in hospital and now injured discharged from hospital and there is no previous case as against the petitioner. Thus, he prays for dismissal of this petition.

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4. Taking all the factors into consideration and also of the fact that injured discharged from hospital and there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

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 made ready, before the learned Judicial Magistrate, Harur 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 everyday at 10.00.a.m., until further orders. 2/4

[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;

30.05.2024 rpp 3/4

S.SOUNTHAR , J.

rpp 30.05.2024 4/4