N.Prithiviraj v. The Inspector Of Police,

Crl.O.P.No.14010 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner/A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324, 427 and 506(ii) of IPC, in Crime No.287 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 08.06.2022, the defacto complainant lodged a complaint before the respondent police that one Nilakandan (A1) thrown some stones on the de-facto complainant's house and run away and the petitioner along with some other accused persons abused the de-facto complainant's husband with filthy language by showing a knife. Hence the compliant. 3.The learned counsel for the petitioner submitted that the petitioner has not involved in the above said occurrence and petitioner was not present there at the time of occurrence. The petitioner is falsely roped in this case because he is the friend of A1. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the scene of occurrence in the year 2020. The injured was already discharged. A1 is already arrested and released on bail. Therefore, he opposed 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 the submissions made by the learned counsel on either side and also of the fact that the injury sustained by the defacto complainant is simple in nature and the co-accused in this case has already been enlarged on bail, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate -II, Thiruvallur on condition that the

petitioners shall execute a 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 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 shall report before the respondent Police, everyday at 10.30 a.m., for a period of four weeks;

[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

10.08.2023 nvi RMT.TEEKAA RAMAN , J.

nvi 10.08.2023