Selvaraj v. Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioner who apprehend 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.163 of 2023, seek anticipatory bail.
2. The case of the prosecution is that while the daughter of the defacto complainant, aged about 15 years, studying at Government Higher Secondary School, Periyakolapulur, Chetpet Taluk, Tiruvannamalai District, used to go to school, the petitioner teased her and compelled her to have conversation with him and the same was refused by the daughter of the defacto complainant, the petitioner threatened to murder her father. When the same was questioned by the husband of the defacto complainant, the petitioner, along with other accused, assaulted him with iron rod and thereby caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed on him. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the injured has been discharged from the hospital. He would further submit that there is one previous case pending against the petitioner. However, he objects for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel appearing on either side and perused the entire materials available on record including the First Information Report.
6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact
that the injured has been discharged from the hospital, this Court is inclined to grant 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, Cheyyar, Tiruvannamalai, 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.
A.D.JAGADISH CHANDIRA , J.
[b] the petitioner shall report before the respondent police everyday at 6.30 p.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; 28.06.2023 Lpp