Aswin v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.332 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Yuvaraj is that on account of previous enmity regarding a dispute that arose during a temple festival on 31.05.2023, the petitioner, along with other accused, attacked the defacto complainant with knife, due to which, the defacto complainant sustained injuries. Hence the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false case has been foisted on account of previous enmity. He further submitted that the petitioner is ready to abide by any stringent conditions as may be imposed by this Court. Hence he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) opposed for grant of anticipatory bail to the petitioner stating that due to previous enmity regarding a dispute that arose during a temple festival, the petitioner, along with other accused, assaulted the defacto complainant with knife, due to which, the defacto complainant sustained injuries. He further submitted that the injured has been discharged from the hospital.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.
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 hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the 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, Tiruttani, on condition that the 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 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 petitioner shall report before the respondent police everyday at 6.30 p.m. for a period of two weeks and thereafter, report before the respondent police every Saturday at 6.30 p.m., until further orders ;
[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 petitioner in accordance with law as if the conditions have been imposed and the 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. 21.06.2023 Lpp
A.D.JAGADISH CHANDIRA, J., Lpp 21.06.2023