Karthick v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323, 324, 307 and 506(2) of IPC in Crime No.613 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the de-facto complainant Prasanth is that on 27.09.2022, while the de-facto complainant's driver was driving his lorry, the accused have waylaid him and abused and assaulted him saying that he should not transport white stone from the village. Hence, the case.
3.The learned counsel for the petitioners would submit that the petitioners are innocent person and there is no previous case pending against them. In fact, the de-facto complainant and his friends were engaged in illegal quarrying. When it was questioned by the petitioners, who are the villagers, a false complaint has been given against them. Hence, he prays to grant anticipatory bail to the petitioners. Page No.1 of 4
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners, who are the residents of the village have waylaid the lorry of the de-facto complainant and threatened his driver not to transport white stones from their village. He would also submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners. 5.Heard the learned counsel and perused the materials available on record. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.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 learned Judicial Magistrate Court No.II, Salem District, on condition that each of the petitioners 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 Page No.2 of 4
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, on every Saturday at 10.30 a.m., until further orders.
[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].
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A.D.JAGADISH CHANDIRA, J.
sp [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
29.11.2022 sp Page No.4 of 4