Mahesh @ A.B. Maheshkumar v. Police Department

G.CHANDRASEKHARAN. J., The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Section 143, 323, 324 and 506 (i) I.P.C. in Crime No.232 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.It is the submission of learned counsel for the petitioner that petitioner is falsely implicated as accused in Cr.No.232 of 2023 for the offences under Section 143, 323, 324 and 506 (i) I.P.C. Apprehending arrest, this petition is filed for anticipatory bail. 3.In response, the learned Government Advocate (Criminal side) submitted that defacto-complainant pledged his friend's two-wheeler bearing No.TN27L9865 to the first accused and received a sum of Rs.10,000/-. After paying the amount, he requested the first accused to return the vehicle. On 15.05.2023, the first accused came with his friends in a two-wheeler, scolded him in a filthy language and attacked him.

First accused/Suresh hit defacto-complainant. As a result, defactocomplainant suffered grievous injuries on his left cheek and frontal region.

4.Considered the submissions and perused the records 5.The circumstances under which the incident have happened and that now the injured is discharged from hospital and also the fact that this Court finds from the accident register that the injuries were said to have been suffered in a road traffic accident, this Court is of the view that custodial interrogation of the petitioner is not necessary. In such circumstances, 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 Judicial Magistrate Court No.II, Coimbatore, 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 in all working days 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 petitioners 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.

07.07.2023 ep

G.CHANDRASEKHARAN. J., ep

07.07.2023