M.Vinoth v. State Rep By

Crl.OP.No.18683 of 2022 Dr.G. JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 341, 294(b), 323 and 506(i) of IPC in Crime No.495 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The petitioner herein apprehending arrest by the respondent police for the offence punishable under Sections 341, 294(b), 323 and 506(i) of IPC is before this Court seeking anticipatory bail.

3. The complaint given by one Diwakar indicates that on 07.06.2022, this petitioner along with one Sarath belong to same locality had demanded money from the defacto complainant by consuming alcohol, when he refused , they attacked him on his hands and face and all over the body. When he stands to rescue they threatened and ran away. The incident was taken place on 07.06.2022.

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4. Taking note of the facts and circumstances and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. If any incriminating material as against the petitioner, the respondent police shall proceed against him.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Metropolitan Magistrate-V, Egmore, Chennai 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 learned Magistrate concerned and on further conditions that: (a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(c) the petitioner shall report before the Investigation Officer daily twice at 10.00 a.m and 05.00p.m., until further orders ;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f)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 is 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]; and (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. Vv 08.08.2022 3/4

Dr.G.JAYACHANDRAN.,J.

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