Guna @ Gunasekaran v. State Rep By Inspector Of Police

Crl.O.P.No.30814 of 2022 T.V.THAMILSELVI, J.

The petitioners who apprehends arrest on the hands of respondent police for the offence alleged under Section 147,148,294(b),323,324,506(ii) of I.P.C in Crime No.329 of 2022 seeks anticipatory bail. 2.It is the case of the prosecution that due to previous enmity the petitioners waylaid the defacto complainant and also attacked him and thereby caused injuries to him and the petitioner was hospitalized as inpatient. Hence, the defacto complainant lodged this complaint before the respondent police.

3.The learned counsel appearing for the petitioner would submit that the petitioner had not committed any offence as alleged by the prosecution and the defacto complainant has foisted a false case against this petitioner and there is no previous case against this petitioner. However, the learned counsel, on instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit some amount to the credit of the crime number as imposed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4. The learned counsel for the intervenor would submit that the petitioner assaulted the defacto complainant and caused severe injuries to him. Hence he opposed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate appearing for the respondent states that due to previous enmity, the petitioner brutally attacked the defacto complainant and thereby caused injuries to him. Hence, the defacto complainant lodged a complaint before the respondent police and vehemently opposed to grant anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case and that the petitioner on his own volition, is ready to deposit some amount to the credit of the crime number, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.329 of 2022, within a period of fifteen (15) days and on such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance,

before the learned Judicial Magistrate, Vaniyambadi 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 satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.329 of 2022 before the concerned Magistrate within a period of fifteen (15) days and the defacto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment;

(b)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner is directed to appear before the respondent police every Wednesday at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

T.V.THAMILSELVI, J.

smn (f)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 anticipatory 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

19.12.2022 smn Crl.O.P.No.30814 of 2022