Perumal v. State Rep By Inspector Of Police K8 Arumbakkam Police Station
C.V.KARTHIKEYAN,J.
The petitioners seek anticipatory bail in Crime No.207 of 2023 registered by the respondent police for the offence punishable under Sections 294(b), 323 & 324 of IPC.
2. It is stated that the 1st petitioner is the owner of the hotel called 'Vallavan Chettinad Restaurant' and the 2nd petitioner is working as service Master in the said restaurant. While the defacto complainant was working as Chef in the said hotel, there were wordy quarrels leading to attempt to assault, due to which, the defacto complainant had fallen in the ground and sustained injuries.
4. In view of the circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:
5. 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 Vth Metropolitan Magistrate Court, Egmore, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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., for a period of two weeks and thereafter, as and when required for interrogation.
[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.
06.10.2023 ata
C.V.KARTHIKEYAN,J.
ata 06.10.2023