Navin Prasath v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) IPC in Crime No.199 of 2023, seek anticipatory bail.
2. The case of the prosecution is that when the defacto complainant had questioned the rash driving of the accused, there arose a wordy quarrel between the petitioners and the defacto complainant. As a result of which, the petitioners abused and attacked the defacto complainant and caused injuries to him. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are college students. They have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for
the respondent police submitted that the defacto complainant had questioned the rash driving of the accused, there arose a wordy quarrel between the petitioners and the defacto complainant. As a result of which, the petitioners abused and attacked the defacto complainant and caused injuries to him. He further submitted that A1, A3 and A4 have one previous case pending against them. He also submitted that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record including the First Information Report.
6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side and the fact that the injured has been discharged from the hospital, 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 is made ready, before learned District Munsif-cum-Judicial Magistrate, Madukarai, Coimbatore, on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, out of which, one surety shall be the father or mother of the petitioners, 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 his 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, report before the respondent police every Saturday at 10.30 a.m. 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] 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. 21.06.2023 Lpp A.D.JAGADISH CHANDIRA, J.,
Lpp 21.06.2023