Vignesh @ Vignesh Kumar v. State By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 324, 307 and 506(ii) of IPC in Crime No.524 of 2022, seek anticipatory bail.
2.The case of the prosecution is that during the temple festival, there was a wordy quarrel arose between the Petitioners and the defacto complainant. During the quarrel, the Petitioners have abused the de-facto complainant in a filthy language, intimidated him and also assaulted him with knife. Hence, the complaint.
3.The learned counsel appearing for the Petitioners would submit that the petitioners are innocent persons and due to previous enmity, the de-facto complainant has given an exaggerated complaint against the Petitioners and others. He would further submit that A1 in this case has already been arrested and released on bail. Hence, he prays for grant of
anticipatory bail to the Petitioners.
4. The learned Government Advocate (Crl.Side) would submit that during the temple festival, a wordy quarrel arose between the petitioners and the defacto complainant and during the quarrel, the petitioners have abused him in filthy language, intimidated him and also assaulted him with knife. He would also submit that the injured has been discharged from the hospital and there is no previous case as against the Petitioners. However, he opposed to grant anticipatory bail to the Petitioners.
5.Heard the learned counsel and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also of the fact that A1 in this case has already been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.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, Chengalpattu, 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., 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
11.11.2022 vkr
A.D.JAGADISH CHANDIRA, J.
vkr
11.11.2022