Thomas Alwa Edison v. The State Rep By Its

Crl.OP.No.13652 of 2023 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), 323 and 506(2) of IPC, 1860 in Crime No.269 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that while the defacto complainant was riding a bike, the petitioner along with his friends abused and assaulted him with stones and also criminally intimidated him. Hence, the case.

3. The learned counsel for the petitioner would submit that due to wordy quarrel, the incident had happened. He would further submit that the petitioner is only aged about 21 years. Hence, he would seek anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) would submit that due to domestic quarrel, the petitioner along with his friends in an inebriated condition assaulted the defacto complainant . Hence, he would vehemently oppose to grant anticipatory bail to the petitioners. 1/4

5. Heard both sides and perused the materials available on records including the FIR.

6. Taking into consideration the facts and circumstances of the case, and the submissions made by both counsel, 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 Court-I, Ulundurpet on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, out of which, one surety must be a blood related surety i.e, either the mother or father of the petitioner, 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 : 2/4

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall stay at Chennai and report before the Inspector of Police, Mylapore Police Station, Chennai everyday at 10.30a.m., for a period of two weeks and thereafter report before the respondent police on every Saturday at 10.30 a.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] 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, as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[f] if the petitioner herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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A.D.JAGADISH CHANDIRA, J.

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