K Sakthi v. The State Rep By
A.D.JAGADISH CHANDIRA,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 341, 323, 324 and 506(i) of IPC in Crime No.20 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Yathes, is that he is the Alumni of School of Excellence, Dr.Ambedkar Law University. On 20.05.2023, he had gone to college for getting his certificates and during such time, his Junior in the college namely Sakthi along with two other persons had waylaid him, abused him and also assaulted him causing injuries to him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false complaint has been given against him. He would further submit that the defacto complainant is the senior and due to previous enmity, the petitioner has been falsely
implicated in this case. Hence, he prays for the grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that the defacto complainant is the Alumni of School of Excellence. He further submitted that he gone to the college for return of certificate at that time, the senior student Sakthi along with other persons waylaid and assaulted him causing injuries to him. He further submitted that the victim has been discharged from the hospital. Hence, he objects for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record.
6. Considering the above fact and circumstances of the case and also the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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 is made ready, before the learned
Metropolitan Magistrate Court No. IX, Saidapet, Chennai 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 station everyday at 6.30 p.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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial
A.D.JAGADISH CHANDIRA,J.
drl 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.
08.06.2023 drl