E.Sudhakar v. The Station House Officer

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), 341, 323, 324 and 506(ii) of IPC in Crime No.503 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity, a wordy quarrel arose between the petitioner and the defacto complainant. During the quarrel, the petitioner along with his friends have waylaid the defacto complainant, abused him and also assaulted with iron rod. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given. He would further submit that he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that due to previous enmity, a wordy quarrel arose between the petitioner and the defacto complainant. During the quarrel, the petitioner along with his friends have waylaid the defacto complainant, abused him and also assaulted with iron rod. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent Police and perused the entire materials available on record including the First Information Report.

6.Taking note of the facts and circumstances and also of the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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.II, Ulundurpet, on condition that the petitioner shall execute a 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 every day at 10.30 a.m, until further orders.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

[g] 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]; and;

[h] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

04.11.2022 vkr

A.D.JAGADISH CHANDIRA.J, vkr 04.11.2022