Agastin v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(B), 324 and 427 of IPC in Crime No.248 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute and subsequent wordy quarrel, the petitioner in an inebriated condition abused his own mother and assaulted her by hands and damaged house hold articles. Hence, the complaint.

3. The learned counsel appearing for the petitioner submit that the petitioner who is none other than the son of the defacto complainant, is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to family dispute and subsequent wordy quarrel, the petitioner in an inebriated condition abused his own mother

and assaulted her by hands and damaged house hold articles. He also submitted that the injured has been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of the Crime No.248 of 2024, within a period of three weeks from the date of receipt of a copy of this order before the concerned satisfaction Court and the defacto complainant is permitted to withdraw on undertaking and on such deposit, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance before the learned X Metropolitan Magistrate, Egmore, Chennai 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 is directed to report before the respondent police on every Saturday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation.

[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

T.V.THAMILSELVI, J.

vkr 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.

27.06.2024 vkr