Subash Chandrabose v. Inspector Of Police

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, 379 and 506(ii) of IPC in Crime No.516 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner was having an affair with the relative of the defacto complainant and when it was questioned by the defacto complainant, the petitioners have joined together and attacked him with deadly weapons and also taken away his mobile phone. Hence the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and since the first petitioner was having an affair with the relative of the defacto complainant, a false complaint has been given against them. He would further submit that it is a case and case in counter in Crime No.518 of 2022. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the first petitioner was having an affair with the relative of the defacto complainant and when it was questioned by the defacto complainant, the petitioners have joined together and attacked him with deadly weapons and also taken away his mobile phone. He would further submit that there is no previous case pending against them. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Taking into consideration the facts of the case and the submissions made by the learned counsel, 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 No.II, Mettur, on condition that each of 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 everyday at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

10.11.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 10.11.2022