Sowndharan v. State Rep By
A.D.JAGADISH CHANDIRA , J.
The petitioner/A5, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 342, 323, 324 and 506(ii) of IPC @ Sections 120B, 147, 148, 294(b), 342, 323, 324 and 506(ii) of IPC @ Section 307 IPC in Crime No.875 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused have abused the de-facto complainant in a filthy language and assaulted him with knife, due to which, he suffered grievous injuries and also threatened him with dire consequences. Hence the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person aged about 22 years. He further submitted that due to previous enmity, a false complaint has been given against him. He also submitted that the co-accused has been granted
anticipatory bail by this Court in Crl.O.P.No.27822 of 2022 vide order dated 15.11.2022. He also stated that the injured has been discharged from the hospital, hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to previous enmity on account of collection of fund in Vinayagar Chaturthi festival, the petitioner along with other accused have abused the de-facto complainant in a filthy language, assaulted him with knife, causing severe injuries and threatened him with dire consequences. He further submitted that the injured has been discharged from the hospital. He also submitted that there is no previous case as against the petitioner, hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and taking note of the fact that the injured has been discharged from the hospital, 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.I, Coimbatore, 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 stands dismissed and on further conditions 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 everyday at 06.30 p.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 ham
A.D.JAGADISH CHANDIRA , J.
ham 22.11.2022