K.Arjunan v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 324 & 506 (ii) IPC in Crime No.792 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that petitioner has already been granted anticipatory bail in Crl.O.P.No.16697 of 2021, dated 13.09.2021. Since petitioner went to his native place on account of Covid - 19 pandemic, he could not surrender before the learned Judicial Magistrate, Sriperumbudur and execute the bail bond. Hence this second anticipatory bail petition.

3. In response, the learned Government Advocate (Crl.Side) submitted that petitioner was granted anticipatory bail in Crl.O.P.No.16697 of 2021 dated 13.09.2021 and the injured has been discharged from the hospital.

4.Considering the nature of the offences alleged against the

petitioner and the fact that injured had been discharged from hospital, this Court is of the view that custodial interrogation of the petitioner is not necessary and this Court is inclined to grant anticipatory bail to the petitioner. Therefore, 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, Sriperumbudur, 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 report before the

respondent police everyday at 10.30 a.m., until further orders;

[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. 17.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 17.07.2023