Thangaraj, v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Section 294 (b), 323, 324 of I.P.C. @ 294 (b), 323, 324, 506 (ii) of I.P.C. in Crime No.217 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.It is the submission of learned counsel for the petitioner that in a dispute with regard to parking of defacto-complainant's auto there was a fight. In the said fight, petitioner was also attacked and suffered injuries. On the basis of complaint given by petitioner, counter case in Cr.No.218 of 2023 was registered for the offences under Section 323, 324, 355 I.P.C. Apprehending arrest, this petition is filed seeking anticipatory bail. 3.In response, the learned Government Advocate (Criminal side) submitted that accused had beaten defacto-complainant's husband, son and the neighbour in the fight and they suffered injuries. Injured had been

treated and discharged from hospital.

4.Considered the submissions and perused the records. 5.Considering the fact that there are two cases in respect of fight between the parties, both suffered injuries and that injured had been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioner for the reason that custodial interrogation of the petitioner is not necessary. Accordingly, petitioner is 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, Kumarapalayam, on condition that the petitioner 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 petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders;

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

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

19.07.2023 ep