Mani v. Inspector Of Police
RMT.TEEKAA RAMAN,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 324, 447 and 506(ii) of IPC, in Crime No. 403 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 30.07.2023 at about 10.30 p.m., when the defacto complainant was participating in welfare activities on behalf of a political party, one Mani has interrupting the function and when the same was questioned by the defacto complainant, the petitioners abused him in filthy language and assaulted him by using wooden log and hands and also threatened with dire consequences, due to which, the defacto complainant sustained simple injuries. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely roped in this
case. He would further submit that the petitioners also lodged a counter complaint against the defacto complainant in Crime No.402 of 2023. He would also submit that the petitioners are ready to abide any condition imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police would submit that due to previous enmity between the petitioners and the defacto complainant, the petitioners abused the defacto complainant in filthy language and assaulted him with wooden logs and caused injuries. He would further submit that the injured has been discharged from the hospital. However, he objected to grant anticipatory bail to the petitioners.
5. Taking into consideration the fact that the injured has been discharged from the Hospital, I am inclined to grant anticipatory bail to the petitioners subject to the following 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 SubCourt, Uthiramerur, on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties 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 petitioners 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 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 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.
31.08.2023 ata
RMT.TEEKAA RAMAN,J.
ata 31.08.2023