Surendar v. The State Rep By

Crl.O.P.No.20307 of 2024 P.DHANABAL, J.

The petitioner apprehends arrest for the alleged offences under Sections 147, 365, 323 and 324 of IPC in Crime No.155 of 2024, on the file of the respondent police seeks anticipatory bail. 2.

The case of the prosecution is that there existed prior enmity between the de facto complainant and the accused with regard to salary dispute. On the date of occurrence, it is alleged that the accused abducted the de facto complainant and took him to a forest area, beat him with belt and stick and eventually, the de facto complainant sustained injuries. Hence, the complaint.

3.

The learned counsel appearing for the petitioner submits that the petitioner had not committed any offence as alleged and the petitioner had been falsely implicated in this case and the petitioner is ready to abide by with any conditions and as the petitioner is also a college student, he prayed to grant anticipatory bail to the petitioner .

4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there existed prior enmity between the de facto complainant and the accused with regard to salary dispute. On the date of occurrence, it is alleged that the accused abducted the de facto complainant and took him to a forest area where the de facto complainant was beaten with belt and stick and he sustained injuries. He further submitted that there is no previous case as against the petitioner and considering the gravity of the offence, he opposed for grant of anticipatory bail to the petitioner.

5.

Considering the representations made by both sides and considering the fact that there was a previous enmity between both the parties in respect of salary dispute and also taking into consideration of the fact that all the co-accused were released on bail and further, the injured was discharged from hospital and as there is no previous case as against the petitioner, 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 (15) days from the date of receipt of a copy of this order before the Learned Judicial magistrate No.3, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (each) (Rupees Ten 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 and on further condition that:

[a] the petitioner shall report before the respondent police on every Saturday, for eight weeks.

[b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

23.08.2024 vca

P.DHANABAL, J.

vca Crl.O.P.No.20307 of 2024 23.08.2024