Haridoss Durairaj v. State Rep By

Crl.O.P.No.26147 of 2022 A.D. JAGADISH CHANDIRA, J., The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of TNPWH Act in Crime No.624 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with other accused abused, assaulted and attacked the defacto complainant with iron rod and wooden logs. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners and the defacto complainant belongs to two different political parties, due to previous enmity a false complaint has been given. A1 was arrested and enlarged on bail. The injured was also discharged from the hospital. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioners and the defacto complainant belong 1/4

to two different political party, due to previous enmity the petitioners and others attacked and assaulted the defacto complainant with iron rod and wooden logs. A1 was arrested and enlarged on bail. The injured has been discharged from the hospital. He would submit that the investigation is pending.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered 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 Judicial Magistrate, Thiruvottiyur, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen 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. 2/4

[b] the petitioners shall report before the respondent police everyday at 10.30a.m., and 5.30pm for a period of four weeks and thereafter on every Saturday at 10.30a.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]. With the above directions, this Criminal Original Petition is ordered. 01.11.2022 tsh A.D. JAGADISH CHANDIRA. J, 3/4

tsh Crl.O.P.No.26147 of 2022 01.11.2022.

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