M.Lokesh Kumar v. The State Rep.By

Crl.O.P.No.25963 of 2023 and Crl.MP.No.18795 of 2023 C.V.KARTHIKEYAN , J.

The petitioners/A2 and A3 in Crime No.671 of 2023, registered under Sections 294(b), 324 and 506(ii) IPC, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that there are three accused and they were going triples in a motor cycle. The de facto complainant was standing by the platform and wanted to stop an auto rickshaw. The petitioners, who were coming behind though that the de facto complainant was stopping their motor cycle and they entered into a quarrel. Photographs have been produced by the learned counsel for the intervenor/de facto complainant about the injuries caused to the face of the de facto complainant.

It is stated that nearly about 14 stitches were required and there has been a permanent scar caused on the face of the de facto complainant. It is also stated that A1 had been granted bail by the learned District Munsif cum Judicial Magistrate at Pallavaram. However, some costs must be paid for the injuries caused and I would therefore, direct that the petitioners herein jointly to deposit a sum of Rs.30,000/- to the credit of the Dean, Government General Hospital, Chengalpattu, which can be used for the treatment of needy patients.

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4.Accordingly, the petitioners/A2 and A3 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 District Munsif cum Judicial Magistrate, Pallavaram, on condition that each of the petitioner 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 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 (jointly) to deposit a sum of Rs.30,000/- to the credit of the Dean, Government General Hospital, Chengalpattu, which can be used for treatment of needy patients and the petitioners are also directed to appear before the respondent every day at 10.30 am., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

Consequently, intervening application is closed. 28.11.2023 kp 3/4

C.V.KARTHIKEYAN , J.

kp Crl.O.P.No.25963 of 2023 and Crl.MP.No.18795 of 2023 28.11.2023 4/4