Chakarai @ Chakravarthi v. State Rep By

Crl.O.P.No.27376 of 2022 A.D. JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Sections 147, 148, 294(b), 324 and 307 of IPC in Crime No.670 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that since the defacto complainant informed the police about the illegal gambling activities of the petitioner and others. The petitioner along with other accused have called the defacto complainant for talks and assaulted and caused injuries. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person. He would submit that the present complaint has been foisted against the petitioner for the alleged offence. He would further submit that the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The Government Advocate (Crl.side) would submit the defacto complainant had informed the respondent about the illegal gambling activities of the petitioner and others, thereby they abused, attacked and caused injuries to the defacto complainant. The injured is discharged from the hospital. He would 1/4

submit that the case is under investigation. Hence, he oppose for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate, Senthamangalam, Namakkal, on condition that the petitioner shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) each 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. 2/4

[b] the petitioner shall report before the respondent police everyday at 10.30am 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 abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 10.11.2022 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.27376 of 2022 10.11.2022.

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