M.Surpudhin 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 294(b), 324 and 506(i) IPC in Crime No.268 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Apprehending arrest in Crime No.268 of 2022 registered for the offences under Sections 294(b), 324 and 506(i) IPC, this petition is filed by the petitioner.

3. In response, learned Government Advocate (Criminal side) submitted that petitioner is 2nd accused in this case and he has six previous cases pending against him. The First Information Report allegations is that on 03.08.2022, at about 4.30 p.m., accused persons attacked the de-facto complainant and caused injuries.

4. Though the First Information Report was registered on 03.08.2022, till now respondent police has not taken any interest to

arrest the petitioner.

5. Considering the long gap between the date of registration of FIR and till date, this court is of the view that custodial interrogation of the petitioner is not necessary and 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 at Ambattur, 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.

18.07.2023 mpl

G.CHANDRASEKHARAN, J.

mpl 18.07.2023