Egambaram v. Police Department

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.36 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on account of previous enmity regarding money dispute, the petitioner abused the defacto complainant and assaulted him with hammer and thereby caused injuries to him and also threatened him with dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and a false case has been foisted on account of previous enmity. He further submitted that the petitioner was granted anticipatory bail in Crl.M.P.No.684 of 2023 by the learned Principal Sessions Judge, Kancheepuram and the same was lapsed due to

non compliance of the condition. He would also submit that the petitioner is ready to surrender and to furnish the sureties. Hence he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) opposed for grant of anticipatory bail to the petitioner stating that due to previous enmity regarding money dispute, the petitioner abused the defacto complainant and assaulted him with hammer and thereby caused injuries to him and also threatened him with dire consequences. He further submitted that the injured has been discharged from the hospital and there is no previous case pending against the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.

6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side and the fact that the injured has been discharged from hospital, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheyyur, on condition that the petitioner shall execute a 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 stay at Namakkal and report before the Inspector of Police, Namakkal Town Police Station everyday at 10.30 a.m. for a period of two weeks and thereafter, report before the respondent police everyday at 10.30 a.m., until further orders ;

A.D.JAGADISH CHANDIRA, J., [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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. 28.06.2023 Lpp