Prakash @ M. Gunasekaran v. The State Rep By Its,

A.D.JAGADISH CHANDIRA , J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 427 and 506(ii) of IPC in Crime No.323 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on account of fight in a bar, the petitioners have waylaid the defacto complainant and his colleagues, abused them with filthy languages and also assaulted them with wooden log and stones. Due to which, they sustained injuries. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and due to previous enmity, a false complaint has been given. He would further submit that A2 in this case has already been granted anticipatory bail by this Court. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that on account of fight in a bar, the petitioners have waylaid the defacto complainant and his colleagues, abused them with filthy languages and also assaulted them with wooden log and stones. He would further submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners. Hence he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Taking into consideration the facts and submissions of the learned Counsel and also of the fact that the co-accused has been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, each of the petitioners areordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned IX Metropolitan Magistrate, Saidapet, Chennai on condition that

the petitioners shall execute separate 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 dismissed and on further condition that:

[a] the petitioners 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or 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 learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions

have been imposed and the petitioners 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; 13.10.2022 vkr A.D.JAGADISH CHANDIRA , J.

vkr 13.10.2022