Saif Ulla v. Police Department

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Section 294 (b), 323, 324, 506 (ii) of I.P.C. in Crime No.298 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.298 of 2023 for the offences under Section294 (b), 323, 324, 506 (ii) of I.P.C. Petitioners are innocent. Apprehending arrest, this petition is filed seeking anticipatory bail.

3.In response, the learned Government Advocate (Criminal side) submitted that at about 10.00 p.m. on 01.07.2023 one Saibulla had scolded defacto-complainant's father in filthy language. Then there was a compromise. At about 00.30 hours on 02.07.2023, the accused had come to defacto-complainant's house and scolded in filthy language. Saibulla

had kicked defacto-complainant with granite stone and iron rod. When his brother Mohamed Muthasir tried to intervene, Sabiulla beaten him with granite stone. Other accused also joined in hitting the defactocomplainant and his brother Mohamed Muthasir. They made criminal intimidation. Injured had been treated and discharged from hospital. 4.Considered the submissions and perused the records. 5.Considering the nature of the incident, facts and circumstances of the case and the fact that injured had been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners for the reason that custodial interrogation of the petitioners is not necessary.

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, Ranipet, on condition that the petitioners shall execute a bond for a sum of Rs.

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