R.Kamaldoss Gandhi v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506 (ii) IPC and r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.361 of 2022, seek anticipatory bail.
2. The case of the prosecution is that there is some civil dispute between the petitioners and the defacto complainant, due to which, the petitioners along with A1 caused head injury to the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners have attacked the defacto complainant and caused injuries. He would further submit that the injured person has been discharged from the hospital on 23.08.2022. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the fact that the injured has been 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-II, Ulundurpet on condition that the petitioners shall execute a bond 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 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 first and second 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 and the third petitioner shall report before the respondent police 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 Courthimself 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.
Anu [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
25.08.2022 Anu
G.K.ILANTHIRAIYAN,J.
The above matter is listed today under the caption "for being mentioned". It is clarified that the name of the third petitioner shall be shown as Roja instead of Raja in the cause title portion of the order dated 25.08.2022 in Crl.O.P.No.20334 of 2022.
2. In other respects, the earlier order dated 25.08.2022 shall remain un-altered.
3. Accordingly, th Registry is directed to issue a fresh order copy in Crl.O.P.No.20334 of 2022 dated 25.08.2022 after making necessary corrections.
14.09.2022 kv
G.K.ILANTHIRAIYAN,J.
Kv 14.09.2022