Sekar v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(i) & 307 of IPC, 1860 r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No. 189 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused attacked the defacto complainant with iron rod, due to which, the defacto complainant sustained multiple injures. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Therefore, he prays to grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking note of the fact, this Court is not inclined to grant

anticipatory bail to the 1st petitioner and the same is dismissed.

6. Considering the above fact and circumstances of the case and also considering the fact that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners 2, 3 and 4 with certain conditions.

7. Accordingly, the petitioners 2, 3 & 4 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 is made ready, before the learned Judicial Magistrate, Gingee, on condition that the petitioners 2, 3 & 4 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:

[a] the petitioners 2, 3 & 4 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 2, 3 & 4 shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and

when required for interrogation.

[c] the petitioners 2, 3 & 4 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 2, 3 & 4 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 2, 3 & 4 in accordance with law as if the conditions have been imposed and the petitioners 2, 3 & 4 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.

12.07.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No. 15682 of 2022 12.07.2022