Ganapathi v. State Rep By

Crl.O.P.No.22086 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Sections 341. 294(b), 323, 324 and 506(i) IPC in Crime No.265 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity the petitioner assaulted the defacto complainant while they were drinking inside the TASMAC shop. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false complaint has been registered against him. He would submit that there was a drunken brawl and the defacto complainant assaulted the petitioner and others and given a false complaint as if the petitioner assaulted the defacto complainant. He would prayed for grant of anticipatory bail. 4.The learned Government Advocate (crl. side) appearing for the respondent police submitted that due to previous enmity, the petitioner assaulted the defacto complainant while they were drinking inside the TASMAC shop. No previous case is pending against the petitioner. 1/4

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the XVIII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute a separate 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 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 5.30pm until further orders.

[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/ 2/4

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 abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 14.09.2022 tsh A.D. JAGADISH CHANDIRA. J, 3/4

tsh Crl.O.P.No.22086 of 2022 14.09.2022.

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