Sadhasivam v. The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Section 341, 294 (b), 324, 506 (ii) of I.P.C. in Crime No.185 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.185 of 2023 for the offences under Section 341, 294 (b), 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 there is a dispute between defacto-complainant's father and accused in connection with conduct of election of Vasantham Apartment Owners Welfare Association. Due to that, at 8.00 p.m. on

01.05.2023, accused had beaten defacto-complainant's father and mother with iron rod and they got injury. Injured had been discharged from hospital. There is a counter case in Cr.No.186 of 2023 registered for the offences under Section 341, 294 (b), 323, 324 and 506 (ii) I.P.C. 4.Considered the submissions and perused the records. 5.In the nature of the allegations made in the First Information Report, case and case in counter registered against both the parties in a fight and the fact that injured had been discharged from hospital, this Court is of the view that custodial interrogation of the petitioners is not necessary. Therefore, 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 X Metropolitan Magistrate Court, Egmore, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.

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