Arun v. The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324, 307, 397, 506(2) of IPC, in Crime No.337 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners waylaid the defacto complainant and his friend when they were coming in bike. It is alleged that the petitioners threatened the defacto complainant at knife point and demanded him to give his bike. When the same was refused by the defacto complainant, the petitioners abused the defacto complainant and attacked the defacto complainant and his friend with knife and thereby caused grievous injuries to them. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners attacked the defacto complainant and his friend and caused head injuries and the injured is still in the hospital, Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. It is seen that already the petitioners were arrested in Crime No.279 of 2022 on the file of the Inspector of Police, Peerkankaranai Police Station, in which the petitioners were granted bail in Crl.M.P.No.2805 of 2022 by an order dated 26.07.2022. However, on the same date, another FIR has been registered in Crime No.337 of 2022 on the file of the respondent herein.

6. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the 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 I, Tambaram, on condition that each of the petitioners 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 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 Inspector of Police, Peerkankaranai Police Station, daily at 10.30 a.m and 05.30 p.m, for a period of eight weeks and thereafter as and when required for interrogation.

[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.

G.K.ILANTHIRAIYAN, J.

mn [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].

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

10.08.2022 mn