Arigovindhan v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 447, 506(2) of I.P.C in Crime No.239 of 2022, seek anticipatory bail.
2. The case of the prosecution is that, the defacto complainant is working in a petrol bunk. It is alleged that the petitioners along with other accused after filling petrol, they refused to pay the money, when the same was questioned by the defacto complainant, the accused persons attacked the defacto complainant and also damaged the property worth about Rs.30,000/- . Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are ready to deposit a sum of Rs.20,000./- (Rupees Twenty Thousand only)
each to the credit of crime No. 239 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the injured victim has been discharged from the hospital on 13.05.2022. He would further submit that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of Crime No 239 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on her appearance,
before the learned Judicial Magistrate No.1, Ulundurpet on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 petitioners 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 petitioners shall deposit a sum of Rs 20,000/- (Rupees Twenty Thousand only) jointly to the credit of Crime No.239 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.
[d] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
18.07.2022 Sma
G.K.ILANTHIRAIYAN, J.
Sma 18.07.2022