Vempuli v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 307, 506 Part II IPC in Crime No.278 of 2022, seek anticipatory bail.
2. The case of the prosecution is that on account of a dispute regarding riding of auto between auto drivers, the petitioner along with other accused had assaulted the defacto complainant with knife. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons. Due to previous enmity, defacto complainant has given a false case against them. He would also submit that the arrested accused have been enlarged on bail and the injured person has been discharged from the hospital. Asfar as the petitioners are concerned, there is no previous case pending against them. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners. However, he opposed to grant of anticipatory bail to the petitioners.
5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. 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-I, Chengalpattu on condition that the petitioners shall execute a 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 daily 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 Courthimself 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.
17.11.2022 Anu
A.D.JAGADISH CHANDIRA, J.
Anu Crl.O.P.No.27380 of 2022 17.11.2022