Thiyagu @ Thiyagarajan v. The State Rep By, Chennai
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506(ii) of IPC in Crime No.416 of 2022, seek anticipatory bail.
2. The case of the prosecution is that there was a quarrel between the petitioners and other accused persons and the defacto complainant during the celebration of Bakrid festival and it is alleged that with the help of the petitioners, the other accused persons assaulted the defacto complainant, abused him in filthy language and criminally intimidated him. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any such 1/5
offence as alleged by the prosecution. He would further submit that there was a case in counter. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners along with others attacked the defacto complainant and caused injuries. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also considering the fact that there was a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 Metropolitan Magistrate Court-XV, George Town, Chennai on 2/5
condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two blood sureties of the accused, 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 Inspector of Police, Sunguvarchatram Police Station, Kanchipuram District daily at 10.30 a.m and 5.30p.m., for a period of four 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 3/5
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.
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G.K.ILANTHIRAIYAN, J.
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