Sakthivel 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 294(b),341, 353, 323 and 506(2) in Crime No.118 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a bus driver. While he was driving the bus on 06.07.2022, the petitioners were coming on the opposite side in a two wheeler without giving way to the bus. When the same was questioned by the defacto complainant, the petitioners attacked the defacto complainant with knife and also threatened with dire consequence. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners slapped the defacto complainant and also threatened with dire consequence.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with a condition that the petitioners shall file an affidavit before the trial Court that they will not indulge in any similar offence thereafter.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, No.II, Ariyalur on condition that the petitioners shall execute separate 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 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

21.07.2022 Sma G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No16975 of 2022 21.07.2022