P.Hariprasath v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A10, who apprehends arrest for the alleged offences punishable under Sections 147, 148, 341, 294 (b), 323, 324, 506 (ii) IPC altered into Sections 147, 148, 341, 294 (b), 323, 324, 506 (ii) and 307 IPC in Crime No.244 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) on behalf of the respondent. 3.It is stated by the learned Government Advocate (Crl.Side) appearing on behalf of the respondent that on 05.04.2022, the defacto complainant and the accused persons were travelling in a bus. Instead of enjoying the bus ride, they started quarrelling, which escalated to violence inside the bus leading to lodging of complaint and registration of FIR. 4.It is the contended by the learned counsel for the petitioner that the other accused had been granted bail/anticipatory bail. The petitioner herein also seeks the same relief.

1/4

5.Taking into consideration the the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Dharmapuri, 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 report before the respondent Police, daily morning at 10.00 a.m. for a period of two weeks and thereafter as and when required.

2/4

[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; 27.11.2023 sli 3/4

C.V.KARTHIKEYAN , J.

sli 27.11.2023 4/4