Haridoss v. The State Rep By
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 294(b), 323, 324 and 506(ii) of IPC in Crime No.310 of 2024, seek anticipatory bail.
2. The case of the prosecution is that the first and third petitioners are brothers and the second and fourth petitioners are relatives of first and third petitioners. On 26.05.2024, when the defacto complainant laying the pipeline in front of his house, the first petitioner came in a two wheeler in a rash and negligent manner and stamped the defacto complainant's leg and the same was questioned by the defacto complainant, the first petitioner along with other petitioners assaulted the defacto complainant with stones and wooden log. Hence the case.
3. The learned counsel appearing for the petitioners submit that the petitioners 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 prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that when the defacto complainant laying the pipeline in front of his house, the first petitioner came in a two wheeler in a rash and negligent manner and stamped the defacto complainant's leg and the same was questioned by the defacto complainant, the first petitioner along with other petitioners assaulted the defacto complainant . He also submitted that the injured has been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners.
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.15,000/- (Rupees Fifteen Thousand Only) each to the credit of the Crime No.310 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 petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance before the learned District Munsif cum Judicial Magistrate, Pallipattu, Thiruvallur District, on condition that the petitioners shall execute a 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.06.2024 vkr
T.V.THAMILSELVI, J.
vkr 27.06.2024