Gokul v. The State Rep By

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 147, 148, 341, 294(b), 324, 307, 506(2) of IPC in Crime No.819 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners along with other accused started a quarrel with the defacto complainant, abused and assaulted him by using knife. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners aged about 23 years are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court, hence, he prayed to grant anticipatory bail to the petitioners. 4.Learned Government Advocate (Criminal Side) appearing for the respondent submitted that due to previous enmity, as a retaliation, the petitioners along with other accused started a quarrel with the defacto complainant, abused and assaulted him by using knife. He further

submitted that there are four previous cases against the first petitioner and there is no previous case against the second petitioner. Hence, he raised objection for allowing the petition.

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 petitioners subject to the following conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of Crime No.819 of 2024 within a period of two weeks from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Tiruppur and the defacto complainant is permitted to withdraw on undertaking and on such deposit, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Tiruppur, on condition that the petitioners shall execute a 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 are 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 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];

T.V.THAMILSELVI, J.

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

27.06.2024 vkr