Mohanraj v. The State Represented By

A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent/ Police for the offences punishable under Sections 147, 294(b), 323, 324, 506(ii) of IPC in Crime No. 172 of 2023, seeks anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that during drunken brawl in a TASMAC shop, the petitioner had assaulted the defacto complainant with beer bottle. Hence the complaint.

3. The learned counsel for the petitioner submitted that the TASMAC people have demanded more money for the liquor and when the same was questioned, a false complaint has been foisted against him. He would further submit that petitioner is an innocent person and he would abide by any stringent conditions that may be imposed by this Court. Hence, he seeks grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner had assaulted the defacto complainant, while he was drinking in a bar. He would further submit that the petitioner has got one previous case for the offence under Section 307 IPC and he object for grant of anticipatory bail to the petitioner.

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

6. Taking into consideration the facts and circumstances of the case, 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, Thiruchengode 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/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall stay at Cuddalore (O.T) and report before the Old Town Police Station, Cuddalore every day at 10.30 a.m., for a period of two weeks and thereafter the petitioner shall 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] 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.

8. Accordingly, the Criminal Original Petition is ordered. 23.06.2023 mfa

A.D.JAGADISH CHANDIRA, J.

mfa 23.06.2023