Aaru@ Vijayakumar v. The State Rep.By

C.V.KARTHIKEYAN , J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324, 307, 506(2) of IPC and Section 4 of TNPHW Act in Crime No.131 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated as an accused in Crime No.131 of 2022 registered for the offences under Sections 294(b), 324, 307, 506(2) of IPC and Section 4 of TNPHW Act. Thus, he prays for grant of anticipatory bail to the petitioner.

3. It is stated by the learned Government Advocate (Criminal side) that the defacto complainant had rented out a portion of her house to the workers who belong to North India. It is also stated that the petitioner and the other accused had entered into the house and attacked those who were residing there.

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4. Taking an over all consideration of the entire issue, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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, Additional Mahila Court, Chengalpattu on condition that the petitioner shall execute a 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 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 Saturday at 10.30 a.m., until further orders;

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[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; 06.10.2023 mjs 3/4

C.V.KARTHIKEYAN , J.

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