Kalvi Selvan v. The State Rep By The Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner namely Kalvi Selvan, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(2) of IPC in Crime No.269 of 2023 pending on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is innocent he has been falsely implicated in a case registered for the offences under Sections 294(b), 323 and 506(2) of IPC in Crime No.269 of 2023. He further submitted that, co-accused in this case were granted anticipatory bail in Crl.O.P.No.13652 of 2023. Apprehending arrest, this petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, on 25.04.2023 at about 07.00.p.m., due to domestic quarrel, petitioner along with his friends in an inebriated condition assaulted the defacto complainant using stones and also abused in filthy language.

4. Considering the nature of the allegations made in the FIR and co-accused in this case were granted anticipatory bail and that material part of the investigation might have been over by this time, this Court is inclined to grant anticipatory bail to the petitioner for the reason that custodial interrogation of the petitioner is not necessary in this case.

5. 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 No.I, Ulundurpet 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 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 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 daily at 10.30.a.m., until further orders [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 25.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 25.07.2023