Karthick v. The State Rep By Its,
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324, 506(ii) of IPC and Section 3 of TNPPDL Act, 1992 in Crime No.196 of 2022 seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity with regard to the auction of catchment of fish, the petitioner along with others joining together abused the defacto complainant in filthy language, assaulted him with deadly weapons and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner. He would further submit that the petitioner is ready to deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the credit of crime No.196 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioner. 1/5
4. The learned Additional Public Prosecutor would submit that the due to previous enmity with regard to the auction of catchment of fish, the petitioner along with others joining together abused the defacto complainant in filthy language, assaulted him with deadly weapons and caused injuries on him. Hence, he would vehemently oppose to grant anticipatory bail to the petitioner.
5Taking into consideration the facts and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.25,000./- (Rupees Twenty Five thousand only) to the credit of Crime No.196 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on her appearance,, before the learned Judicial Magistrate, Ranipet on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 2/5
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 deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) to the credit of Crime No.196 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m., and 05.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial.
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[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
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G.K.ILANTHIRAIYAN, J.
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