Mohan v. The Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 324 and 506(i) of IPC in Crime No.369 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 17.06.2022, the petitioners along with others had abused the defacto complainant in a filthy language and also attacked him with iron and wooden logs. Hence, a case.
3. The learned Counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. He would further submit that the petitioners have given a complaint before the respondent police against the defacto complainant and there is a case in counter. Hence, he prays for grant of anticipatory bail to the petitioners. Page No.1/5
4. The learned Government Advocate (Crl.side) for the respondent police submitted that the petitioners had abused the defacto complainant and also threatened him. He would further submit that there is a case in counter and the same was registered by the respondent police. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Valangaiman, Thiruvarur District on condition that the petitioners shall execute a separate 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 satisfaction of the learned Magistrate concerned, failing which, the petition Page No.
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 are directed to report before the respondent police as and when required for interrogation. [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 Page No.3/5
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.
05.12.2022 nr T.V.THAMILSELVI, J.
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nr Crl.O.P.No. 30112 of 2022 05.12.2022 Page No.5/5