Ebenesar Samuel v. The State Rep By Its,
V.LAKSHMINARAYANAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 323, 324 and 506(ii) of IPC, in Crime No.108 of 2023, seek anticipatory bail.
2. The case of the prosecution is that on the date of occurrence, the petitioners went to the shop in which the defacto complainant is working and assaulted the defacto complainant and the owner of the shop, due to which, the owner of the shop sustained injuries. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and he further submitted that the petitioners are innocent persons. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that on the date of occurrence, the petitioners went to the shop in which defacto complainant is working and assaulted the defacto complainant and owner of the shop, due to which, the owner of the shop sustained injuries. He further submitted that injured has been discharged from hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration, the facts and circumstances of the case and the injured also discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No-1, Poonthamalli on condition that each of the petitioners 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 dismissed and on further condition that:
[a] the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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.
24.05.2023 jai
V.LAKSHMINARAYANAN, J.
jai 24.05.2023