Mohammed Yassin v. The Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 392 of IPC in Crime No.299 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant, one Puthmi Pirthiviraj is that on 05.11.2022, the accused who are his friends who were staying with him had threatened him and grabbed a sum of Rs.3,000/- and beat him and also abused him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioners and the defacto complainant are students in the same college and due to enmity, a false complaint has been given against him. He would further submit that the arrested accused have been released on bail and there is no previous case against him. Hence, he prays to grant anticipatory bail to the petitioner.

1/5

4. The learned Government Advocate (Crl. Side) would submit that the petitioner and the defacto complainant are room mates and the petitioner along with others has abused and snatched an amount of Rs.3,000/- from him. Hence, he would vehemently oppose to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made by the counsel, this Court is inclined to grant anticipatory bail with certain 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate-II, Alandur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, out of whom, one surety must be a blood related surety i.e either the father or mother of the petitioner for a like sum to the satisfaction of the respondent police or the police officer who intends to 2/5

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. [b] the petitioner shall report before the respondent police every day at 5.30 p.m., for a period of two weeks and thereafter on every Saturday at 10.30 a.m., 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 absconds, a fresh FIR can be registered under Section 229A IPC.

15.11.2022 Vv 3/5

A.D.JAGADISH CHANDIRA, J.

Vv 15.11.2022 4/5

5/5