G.Sudhkar v. State Rep By

Crl.O.P.No.22293 of 2022 A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 323 and 506(i) of IPC in Crime No.339 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner had waylaid the defacto complainant and assaulted him with hands, due to which, he had sustained injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and there is a money dispute existing between the parties and in order to wreck the vengeance, the defacto complainant had foisted a false case against the petitioner. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to previous enmity, the petitioner had waylaid the defacto complainant and assaulted him with hands, resulting him in sustaining injuries. Further, the injured has been treated as outpatient. However, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts of the case and the submissions made by the learned counsel, 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 learned Judical Magistrate No.II, Alandur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 automatically 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 every day at 10.30 a.m., 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/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.

15.09.2022 shk A.D.JAGADISH CHANDIRA , J.

shk Crl.O.P.No.22293 of 2022 15.09.2022