Jesudhas v. Inspector Of Police

Crl.OP.No.14890 of 2023 Dr.G. JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(i) of IPC in Crime No.132 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The petition for anticipatory bail for the offence punishable under Sections 294(b), 323 and 506(i) of IPC, the complaint against the petitioner is that he attacked his co-inmate in the paying guest accommodation for using his bed. The injured defacto complainant got admitted in the Apollo Hospital and treated as in patient and discharged on the same day.

3. The defacto complainant and the petitioner are Software Engineers, but, for petty issue had got injury. The petitioner's custodial interrogation is not required in this Case.

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4. Taking note of the facts and circumstances and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Metropolitan Magistrate-XVIII, Saidapet, Chennai 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 learned Magistrate concerned and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the Investigating Officer daily at 10.00 a.m., until further orders ;

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(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 is 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]; and (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 06.07.2023 Vv 3/4

Dr.G.JAYACHANDRAN.,J.

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