R.Pradeep 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 147, 294(b), 323, 353 and 506(i) of IPC in Crime No.580 of 2022, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant who is a Police Officer is that while the defacto complainant asked about the two wheeler documents of the petitioner, the petitioner along with other accused in an inebriated condition abused him with filthy language and also assaulted him. Hence the complaint.

3.The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that due to political animosity, a false complaint has been lodged against the petitioner. However, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner along with other accused in an inebriated condition abused the defacto complainant with filthy language and also assaulted him. He would further submit that there is one previous case pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the counsel. Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner 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, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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 daily 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;

31.10.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 31.10.2022