Akbar Ali v. State Rep By The Inspector Of Police , Pollachi East Police Station

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Section 294 (b), 323, 506 (ii) of I.P.C. r/w Section 4 of TNPHW Act, in Crime No.227 of 2023 on the file of the respondent police, seek anticipatory bail. 2.It is the submission of learned counsel for the petitioners that petitioners are falsely implicated in Crime No.227 of 2023 for the offences under Section 294 (b), 323, 506 (ii) of I.P.C. r/w Section 4 of TNPHW Act. Petitioners are innocent. Apprehending arrest, this petition is filed seeking anticipatory bail.

3.In response, the learned Government Advocate (Criminal side) submitted that defacto-complainant had hit one Anwar while driving two-wheeler bearing No.KL 68 B 3288 at about 03.15 p.m. on 25.06.2023. On same day, at about 3.30 p.m., accused had come to

defacto-complainant's house and scolded in filthy language and attacked him and he got injured in his nose. Injured had been discharged from hospital.

4.Considered the submissions and perused the records. 5.Considering the nature of the incident and the fact that injured had been discharged from hospital and that custodial interrogation of the petitioners is not necessary, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Pollachi, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) each 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 petitioners 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]. G.CHANDRASEKHARAN.

J.

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

19.07.2023 ep