G.N.Senthil Kumar v. The State Of Tamil Nadu
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 427 and 506(2) of IPC in Crime No. 878 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is a fourth year B.E. Student and he used to assist the non-vegetarian hotel run by his father Rangavillas hotel at Choolai. While so, on 19.11.2021, when the defacto complainant was supervising the hotel, at that time, an unknown person came and puchased a parcel food and he also took other food items. When the defacto complainant questioned the same, an unknown person abused the defacto complainant and soon after two other persons came to the hotel and attacked the defacto complainant with wooden logs. Hence, the FIR.
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. He further submits that the third accused was already arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners assaulted the defacto complainant with wooden logs and caused injury. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case and also considering that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. 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 Metropolitan Magistrate No.II, Egmore, Chennai, on condition that the petitioners shall execute a 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 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 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
07.07.2022 drl
G.K.ILANTHIRAIYAN, J.
drl 07.07.2022