Madhusoothanan v. State By Its
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), 323, 324 and 506(ii) of IPC read with Section 4 of the TNPWH Act, 1998 in Crime No.366 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution as per the de facto complainant is that due to a civil dispute, there was quarrel between the de facto complainant and the petitioner, where, the defacto complainant sustained injuries. Hence the complaint.
3. The learned counsel for the petitioner would submit that it is a case and case in counter and on the complaint given by the petitioner herein, a case in Crime No.365 of 2022, which was registered earlier by the respondent police. Hence he seeks to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal side) would submits that this is the case and case in counter. During the quarrel, the petitioner had assaulted the de facto complainant resulting in him sustaining injuries. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and submission that it is a case and case in counter and further on the complaint given by the petitioner, a case was also registered in Crime No.365 of 2022, I am 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 No.I, Thirupathur, Thirupathur District, on condition that the petitioner shall execute a 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 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 everyday at 10.30 a.m., for the period of four weeks and thereafter 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 abscond, a fresh FIR can be registered under Section 229A IPC.
19.10.2022 nsa/arb
A.D.JAGADISH CHANDIRA, J.
nsa/arb 19.10.2022