S.Bharathan v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 341, 294(b), 323, 324 & 506(ii) of IPC in Crime No.158 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that, there is no allegation in the FIR that the petitioner had attacked the defacto complainant. It is alleged in the FIR that the petitioner had only accompanied other accused. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, defacto complainant is working in a park and he also plying band. There is a previous enmity between the petitioner and the defacto complainant. Due to which, on 19.06.2023 at about 10.00.a.m., while the defacto complainant was returning from his work, he was waylaid by the accused. One Anjamani had abused the defacto complainant in filthy language and stabbed him wife knife.

4. Considering the nature, facts and circumstances of the case

and the allegations made in the FIR that the accused Anjamani is the one who made physical assault against the defacto complainant with knife and that the material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioner for the reason that, custodial interrogation of the petitioner is not necessary in this case.

5. Accordingly, 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 XVIII, Metropolitan Magistrate, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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.

12.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 12.07.2023