M.Rajasekar v. State Rep By Its
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 324 & 506(ii) of IPC, in Crime No.530 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that both the petitioners and the de-facto complainant were standing in front of the tea shop at that time there was a wordy quarrel between them due to sitting in the chair. It is further alleged that suddenly, the petitioners have picked up the chair and attacked the de-facto complainant and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail by this Court in Crl.O.P.No.18730 of 2022 vide Order dated 04.08.2022. However, they were unable to surrender and furnish the sureties, thereby, the earlier
Order has got lapsed and the present anticipatory bail has been filed.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioners attacked the de-facto complainant and caused injuries. The injured has taken treatment as out patient. He would further submit that the petitioners were granted anticipatory bail by this Court in Crl.O.P.No.18370 of 2022 vide Order dated 04.08.2022, however they failed to surrender and execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel. 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 each of the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost to the District Legal Services Authority, Tiruvallur and on such payment, 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, Ambathur, Thiruvallur District, on condition that each of the petitioners shall execute a separate 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 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 each of the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost to the District Legal Services Authority, Tiruvallur and the acknowledgment for the same shall be produced before the learned Magistrate concerned at the time of execution of bond.
[c] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[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 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 10.11.2022