Kumar @ Ayyar Kumar @ S. Ayyar v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(a), 342, 323 and 506(ii) IPC in Crime No.196 of 2023 on the file of the respondent police, seek anticipatory bail.

2. Learned counsel for the petitioners submitted that, petitioners are no way involved in the alleged offences under Sections 294(a), 342, 323 and 506(ii) IPC in Crime No.196 of 2023. They are falsely implicated in the case. Apprehending the arrest, petitioners filed this petition.

3. Learned Government Advocate (Criminal side) opposes this petition, on the ground that, one Sikander owes money to the defacto complainant. On 16.06.2023 at about 11.30 p.m., when defacto complainant came to the office of Sikander for receiving money, accused involved in a fight. Defacto complainant was attacked by accused with

hands and legs. He further submitted that, injured had been discharged from hospital. However, he prays for dismissal of this petition.

4. Considered the submissions and perused the records.

5. Considering the nature of the offence and facts of the case and the fact injured had been discharged from the hospital, this Court is of the view that, custodial interrogation of the petitioners is not necessary and the petitioners are 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 No.VI, Coimbatore on condition that the petitioners 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 petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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].

G.CHANDRASEKHARAN.

J.

gd [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

11.07.2023 gd 11.07.2023