Hariharan v. The State Rep By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 191(2), 126(2), 296(b), 115(2), 118(1) & 351(2) of BNS, (Old Sections 147, 341, 294(b), 323, 324 and 506(ii) of IPC), in Crime No.195 of 2024, seeks anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case whereas, he has not committed any offence as alleged by the prosecution. He also submitted that the petitioner driven his vehicle in a slow manner, where the defacto complainant came behind his car in a rash and negligent manner, thereby causing endanger, when the same was questioned by the petitioner, the defacto complainant assaulted him for which, a false complaint has been given against the petitioner. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Therefore, he

prays to grant anticipatory bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the defacto complainant is running a Guru Tex Finance Business, and on the said date of occurrence, when the defacto complainant was travelling in his car with finance collection amount, at that time, the petitioner waylaid the car, assaulted him and also abduct the collection amount and attacked the defacto complainant, thereby causing injury, later he discharged from the hospital. He further submitted that there is no damage to the property. However, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from

the date of receipt of a copy of this order before the learned Judicial Magistrate No.II, Sankagiri Taluk, Salem District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, 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 and on further condition that: (a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.195 of 2024, before the concerned Court, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the defacto complainant is permitted to withdraw the amount by filing necessary affidavit and proper identification and acknowledgment." (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;

(c) the petitioner shall report before the respondent police on every Saturday at 10.30 a.m, for a period of eight weeks;

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

T.V.THAMILSELVI, J.

drl [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 has 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;

25.07.2024 drl