Aravind Kumar v. State Rep By
T.V.THAMILSELVI , J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 341, 323, 324 and 506(ii) of IPC in Crime No.775 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioners have waylaid the defacto complainant, abused him in filthy language and assaulted him with beer bottle and hands and stabbed him with knife. Hence the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that it is a case and a case in counter. He would also submit that the petitioner, without prejudice to his rights, he is ready and willing to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of crime No.775 of 2022 and he has no objection in the amount being disbursed to the defacto
complainant for medical expenses. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) appearing for the respondent would submit that due to previous enmity, the petitioner along with other accused have waylaid the defacto complainant, abused him in filthy language and also assaulted him with beer bottle and hands and stabbed him with knife. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.
5.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that it is a case and a case in counter, 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.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.775 of
2022, within a period of two 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Coimbatore 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, 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.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.775 of 2022, within a period of two weeks from the date of receipt of a copy of this
order. On such deposit, the learned Magistrate shall disburse the amount deposited to the credit of Crime No.775 of 2022 to the defacto complainant.
[c] the petitioner shall report before the respondent police on every Tuesday and Sunday at 10.30 a.m., for a period of eight weeks.
[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;
[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 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];
[g] If the accused thereafter absconds, a
fresh FIR can be registered under Section 229A IPC; 16.12.2022 vkr T.V.THAMILSELVI , J.
vkr 16.12.2022