Dhinesh Kumar v. Police Department

V. LAKSHMINARAYANAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 324, 506(i) IPC in Cr.No.120 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that when the petitioner was playing cricket near defacto complainant's house, the cricket ball hit the neck of the defacto complainant's husband and when the same was questioned, there was a wordy quarrel between them. Hence the complaint. 3.The learned counsel appearing for the petitioner submits that due to previous enmity, the complaint has been given by the defacto complainant and that he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (crl. side) appearing for the respondent submits that the injured person has been discharged from the hospital and there is no previous case pending against the petitioner.

5. Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif-cum-Judicial Magistrate, Neyveli, Cuddalore District, 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 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 Court concerned may obtain a

copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner is directed to appear before the respondent police as and when required for interrogation;

(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 anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

24.05.2023 bga/mps

V. LAKSHMINARAYANAN, J.

bga/mps 24.05.2023