Prakash v. Inspector Of Police

Crl.O.P.No.20356 of 2022 G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.324 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. Totally, there are two accused involved in this case, in which, the petitioners are arrayed as A1 and A2. The case of the prosecution is that under the influence of alcohol, both the accused abused the defacto complainant in filthy language, assaulted him with deadly weapons, threatened him with dire consequences and caused grievous injuries in his hand and immediately, he was hospitalized . Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Additional Public Prosecutor appearing for the respondent submits that this Court dismissed the petitioner's earlier anticipatory bail petition vide order dated 04.08.2020 in Crl.OP.No.18368 of 2022 on the ground the injured was still in hospital at Coimbatore. He would further submit that now, the injured has discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim has discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the 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-I, Coimbatore on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to 2/5

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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[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 3/5

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.

Vv 26.08.2022 G.K.ILANTHIRAIYAN, J.

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Vv Crl.O.P.No.20356 of 2022 26.08.2022 5/5