Balan v. The Sub Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 323, 324, 506(i) of IPC in Crime No.319 of 2022, seek anticipatory bail.
2. The case of the prosecution is that there was wordy quarrel between the petitioners and the defacto complainant. It is also alleged that the petitioners abused the defacto complainant in filthy language and also attacked the defacto complainant and threatened with dire consequence . Hence, the case.
3.The learned counsel appearing for the petitioners would submit that the petitioners are an innocent persons and they has been falsely implicated in this case. However, he would submit that the petitioners, without prejudice to his rights and contentions is ready and willing to deposit some amount to the credit of Crime No.319 of 2022. Therefore, he prays to grant anticipatory bail to the petitioners. 1/4
4. The learned Government Advocate (Crl.Side) would submit that the victim discharged from hospital. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the facts and the submissions and that the petitioners are ready and willing to deposit some amount to the credit of Cr.No.319 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of crime No. 319 of 2022 within a period of two weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-II, Ulundurpet, on condition that the petitioners shall execute a 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 2/4
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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of crime No. 319 of 2022 within a period of two weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police every daily at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation.
[e] the petitioners 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. 3/4
T.V.THAMILSELVI, J.
vsn State of Kerala [(2005)AIR SCW 5560].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
02.01.2023 vsn To 1.The Judicial Magistrate-II, Ulundurpet,
2. The Public Prosecutor, High Court of Madras. 4/4