Vijayakarthikeyan v. The State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324 and 506(ii) of IPC in Crime No.186 of 2022, seeks anticipatory bail.
2.The case of the prosecution is that due to enmity on account of selling of liquor, the petitioner had implicted injuries on the neck of the defacto complainant with sickle. Hence the complaint. 3.The learned counsel appearing for the Petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that in fact the de-facto complainant and his brother have assaulted the petitioner, in respect of which, a case has been registered against the defacto complainant in Crime No.185 of 2022 and only as a counter blast, a false complaint has been given against this petitioner. Hence, he prays for grant of
anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit that due to enmity on account of selling of liquor, the petitioner and the defacto complainant have assaulted each other, resulting in both of them sustained injuries. He would further submit that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner.
5.Heard the learned counsel and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also of the fact that it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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 No.II, Attur on condition that the petitioner shall execute a 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 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 daily 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.
16.11.2022 vkr
A.D.JAGADISH CHANDIRA, J.
vkr 16.11.2022