K.Gopi v. State Rep By Its Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(i) of IPC in Crime No.322 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had driven the motorcycle over the rice spread in the street of the defacto complainant. When it was questioned by the defacto complainant, the petitioner abused him with filthy language and also assaulted him with knife. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that due to previous enmity, the defacto complainant had picked up quarrel with the petitioner and lodged a false complaint against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that petitioner had driven his motorcycle over the grains spread in the street of the defacto complainant and the same was questioned by the defacto complainant, the petitioner abused him with filthy language and also assaulted him. He would further submit that the injured has been discharged from the hospital. Hence, he vehemently opposed to grant anticipatory 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 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 No.I, Thiruvallur, on condition that the petitioner shall execute a bond for a sum of Rs.

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 stay at Chengalpattu and report before the Inspector of Police, Chengalpattu Town Police Station daily at 10.30 a.m., for a period of two weeks and further, report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter, as and when required for interrogation.

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

A.D.JAGADISH CHANDIRA , J.

[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;

23.09.2022 vkr