Arun @ Arunachalam v. The State Rep By

SATHI KUMAR SUKUMARA KURUP.,J.

The Petitioners, who apprehend arrest at the hands of the Respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC, in Crime No.386 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that wordy quarrel arose between the Petitioners and the Defacto complainant in respect of firing crackers, the Petitioners are said to have attacked the Defacto complainant and his brother, in which, brother of the Defacto complainant had sustained grievous injuries. Hence, the case.

3. The Learned Counsel for the Petitioners submitted that the Petitioners are innocent persons and they did not commit any offence as alleged by the prosecution. Hence, he prays for grant of bail to the Petitioners.

1/4

4. The learned Government Advocate (Crl.Side) submitted that totally there are two accused and they caused grievous injuries to the brother of the Defacto complainant. Hence, he vehemently opposed for granting bail to the Petitioners.

5. Considering the submissions made by the Learned Counsel for the Petitioners and the objections made by the Learned Government Advocate (Crl.Side), this Court is inclined to grant bail to the Petitioners with the following conditions.

6. Accordingly, the Petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Learned Judicial Magistrate No.II, Tiruvallur. Further, one of the sureties shall be a blood relative.

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial Magistrate shall obtain a copy of their Identity Card, Aadhar 2/4

Card, or Voter Identity Card or Driving Licence or PAN Card or Bank Passbook with Photo affixed and attested by the Bank Manager as proof of Identity.

(b) the Petitioners shall report before the Respondent Police daily at 10.00 a.m., until further orders. (c) the Petitioners shall not influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court.

(f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

06.10.2022 gv/drl 3/4

SATHI KUMAR SUKUMARA KURUP., J.

gv/drl Crl.O.P.No.24455 of 2022 06.10.2022 4/4