Selva @ Selvakumar v. The State Rep By

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), 341, 325 and 506(ii) of IPC in Crime No.329 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner along with other accused waylaid the defacto complainant, scolded him with filthy language, attacked him with hands and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and has not committed any such offence as alleged by the prosecution. He would further submit that the co-accused/A2 and A3 were granted bail by the learned Judicial Magistrate, Arakkonam vide order dated 20.10.2022 in Crl.MP.No.2866 of 2022. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner along with other accused waylaid the defacto complainant, scolded him with filthy language, attacked him with hands and caused

injuries to him. He would further submit that the co-accused/A2 and A3 were granted bail by the learned Judicial Magistrate, Arakkonam vide order dated 20.10.2022 in Crl.MP.No.2866 of 2022. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made by the counsel, this Court is inclined to grant anticipatory bail 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate Court, Arakkonam on condition that the petitioner shall execute a 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 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 on every day at 10.30a.m., for a period of four weeks and thereafter on every Saturday 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.

01.11.2022 Vv

A.D.JAGADISH CHANDIRA, J.

Vv 01.11.2022