Periyasamy v. State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner/A3 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.258 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours. Due to previous enmity, there was a wordy quarrel and during the quarrel, the petitioner abused the defacto complainant in a filthy language and thereafter assaulted the defacto complainant's son with wooden log. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and the petitioner and the defacto complainant are neighbours. Due to previous enmity, there was a wordy quarrel, due to which, the defacto complainant had given a false complaint against the petitioner. Hence, he seeks for anticipatory bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and the defacto complainant are neighbours. Due to previous enmity, the petitioner had abused the defacto complainant with filthy language and assaulted the defacto complainant's son with wooden log. He would further submit that no external injuries has been suffered by the defacto complainant's son. Thereby, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions of 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Salem on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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 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., 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;

19.09.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 19.09.2022