Hameeth @ Sahul Hameeth v. State Rep By

CRL.O.P.No.31508 of 2022 T.V.THAMILSELVI, J.

The petitioners, who apprehends arrest for the alleged offences under Sections 147,148,324,307 of IPC in Cr.No.274 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that the petitioner along with other accused have celebrated birthday to one of their friend and thereby caused disturbance to the general public and when the same was questioned by the defacto complainant, the petitioners attacked him and caused grievous injury to the defacto complainant. Hence, the case.

3.The learned counsel appearing for the petitioners submits that they are no way connected with the alleged occurrence and they have been falsely implicated in this case. He would submits that there was a case in counter. However, the learned counsel, on instructions, further submits that the petitioners, 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 petitioners.

4.The learned Government Advocate (Crl.Side) submits that the petitioners along with other accused were celebrating birthday party to one of their friend and thereby caused disturbance to the general public and when the same was questioned by the defacto complainant they attacked him severely. Hence, he opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and that the petitioners 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 petitioners with certain conditions.

6. Accordingly, the petitioners is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.274 of 2022, within a period of fifteen (15) days and on such deposit, the petitioners is ordered to be released on bail in the event of arrest or on

his appearance, before the learned Judicial Magistrate No.II, Hosur on condition that the petitioners 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 petitioners is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.274 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 petitioners 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 petitioners is directed to appear before the respondent police every Wednesday at 10.30 a.m for a period of eight weeks and thereafter as and when required for interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

22.12.2022 smn

T.V.THAMILSELVI, J.

smn 22.12.2022