K.Gopi v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324, 307 and 506(ii) IPC in Crime No.516 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the de-facto complainant received a phone call stating that his brother was brutally attacked by the gang. Accordingly, he went to the spot to see the injured and when he inquired about the incident, the petitioner had given torture to the victim mother and his brother. Thereafter, A1 and others were brutally attacked the victim with knife and in the attack, he sustained injuries. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that due to previous enmity, the de-facto complainant lodged a false

complaint against the petitioner and the petitioner is an innocent person. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioner attacked the de-facto complainant, his brother and his mother brutally. Due to which, they sustained injuries. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital, 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 days from the date on which the order copy made ready, before the

Metropolitan Magistrate Court, No-XXIII, Saithapet, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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.

07.09.2022 rgm/mpl

G.K.ILANTHIRAIYAN, J.

rgm/mpl 07.09.2022