Kozhikannan@Kamalannan v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J., The petitioners, who apprehend arrest at the hands of the respondent/ Police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC in Crime No. 279 of 2023, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant Balakrishnan is that due to previous enmity, the petitioners along with two other accused persons have abused the defacto complainant and assaulted him with wooden log and resulting in him sustaining injuries. Hence the complaint.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He would also submit that the petitioners are ready and willing to furnish solvent sureties and to abide by any stringent condition that may be imposed by this Court. He would further submit
that A1 and A4 in this case were arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to previous enmity, the petitioners have abused the defacto complainant with filthy language and assaulted him with wooden log. He would further submit that the injured has been discharged from the hospital. A1 and A4 were arrested and released on bail by the learned Judicial Magistrate No.IV, Salem in C.M.P.No.5303 of 2023 on 19.05.2023. He would further submit that there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case, 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.IV, Salem on condition that the each of the petitioners shall execute a separate 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/trial Court 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 every day at 10.30 a.m., for a period of four weeks and thereafter every Saturday at 10.30 am., 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] 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, 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 petitioners herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
8. Accordingly, the Criminal Original Petition is ordered. 09.06.2023 mfa
A.D.JAGADISH CHANDIRA, J.
mfa 09.06.2023