Vetriselvam v. State Inspector Of Police,

S. SOUNTHAR , J.

The petitioners herein seek anticipatory bail in Crime No.469 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002.

2. The case of the prosecution is that on 08.05.2024, the accused consumed alcohol in the death funeral and picked a wordy quarrel with the defacto complainant and attacked him with Bero mirror, due to which, he sustained injuries and was admitted in hospital. Hence, this case.

3. Learned counsel for the petitioners submitted that the petitioners are innocent persons and they are nothing to do with the alleged offence. He further submitted that a false case has been foisted against the petitioners. Hence, he seeks anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal side) for the respondent submitted that the petitioners picked a wordy quarrel with the defacto 1/4

complainant in a death funeral and attacked him with Bero mirror, due to which, the defacto complainant sustained injuries and admitted in hospital. Now, the defacto complainant was discharged from hospital. One previous case is pending against the first petitioner. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the nature of the allegations made against the petitioners and also the fact the injured was discharged from hospital, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory 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, Ambattur, Chennai on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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: 2/4

[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 everyday at 10.00.a.m., until further orders. [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 gsk S. SOUNTHAR , J.

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