A. Dhamodharan v. Police Department

A.D.JAGADISH CHANDIRA , J.

The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 506(ii), 307 of IPC, in Crime No.222 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners have waylaid the defacto complainant and attempted to commit the murder of the defacto complainant by using knife. Hence the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to previous enmity, a false complaint has been given against them. He would further submit that they have nothing to do with the alleged offence. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that due to previous enmity, the petitioners

have waylaid the defacto complainant and attempted to commit the murder of the defacto complainant by using knife. He would further submit that there are two previous cases pending against the first petitioner and no previous case is pending against the second petitioner. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.

6. Taking into consideration of the fact that A1/first petitioner herein has got two previous cases, this Court is not inclined to grant anticipatory bail to the first petitioner/A1. As far as the second petitioner is concerned, this Court is inclined to grant anticipatory bail with certain conditions. 7.Accordingly, the second 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 made ready, before the learned

Judicial Magistrate No.I, Tambaram, Chengalpattu District, on condition that the second 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 second 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 second petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders;

[c] the second petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second petitioner 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;

13.06.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 13.06.2023