Karikalan v. The State Rep By

T.V.THAMILSELVI, J., The petitioners, who apprehends arrest for the alleged offence under Sections 294(b), 323, 324 and 506 (2) of IPC in Crime No.225 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners are the employees of a TASMAC Bar. On 19.05.2024, there was wordy quarrel between the petitioners and the defacto complainant regarding issuance of non-cooling beer bottle, during which, the petitioners along with other accused assaulted the defacto complainant and caused him injuries. Hence the case. 3.The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) appearing for the respondent submits that there was wordy quarrel between the petitioners 1/5

and the defacto complainant in a TASMAC Bar regarding issuance of noncooling beer bottle, due to which, the petitioners along with other accused assaulted the defacto complainant and caused injuries to him. He further submits that the investigation in this case has been completed. However, he opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the submissions of the learned counsel and also of the fact that the investigation has been completed, this Court is inclined to grant anticipatory bail to the petitioners.

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 (15) from the date of receipt of a copy of this order, before the learned IX Metropolitan Magistrate, Saidapet, Chennai, on condition that 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 2/5

concerned and on further condition that:

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(a) the petitioners 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m. for a period of six 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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T.V.THAMILSELVI, J.

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