K.Janardhanan v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 324, 323, 506(ii) IPC, in Crime No.169 of 2022, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and defacto complainant. It is also alleged that the petitioners along with other accused attacked the defacto complainant with stones. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that there are totally 4 accused in which the petitioners are arrayed as A1 to
A3. The petitioners along with other accused attacked the defacto complainant with stones and caused injuries and the injured has been discharged from the hospital on 22.08.2022. He also submitted that A1 is having 3 previous cases pending against him. A2 and A3 is having no previous cases against them. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions.
6. Accordingly, as far as the first petitioner is concerned, this petition is dismissed and as far as the petitioners 2 and 3 are concerned, they 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 Judicial Magistrate-I Court at Tirupattur, Tirupattur District, on condition that the petitioners 2 and 3 shall execute a separate 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 petitioners 2 and 3 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 2 and 3 shall appear 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 2 and 3 shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been imposed and the petitioners 2 and 3 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.K.ILANTHIRAIYAN, J.
mn [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
29.08.2022 mn