S.Praveen Anand v. 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 147, 148, 341, 294(b), 323, 324 and 506(ii) of IPC in Crime No.1180 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to previous enmity on account of an incident that had happened during Vinayagar procession, the petitioner along with other accused had waylaid the defacto complainant, abused him in filthy language, intimidated him and also assaulted him using stones. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that due to previous enmity on account of an incident that had happened on Vinayagar procession, the petitioner along with other accused had waylaid the defacto complainant, abused and intimidated him and also assaulted him using stones. He would further submit that there is no previous case pending against him. Hence he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and submission of the learned counsel and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

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, Palladam, Tiruppur District 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; 22.11.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 22.11.2022