Sachin Kumar v. The State Of Tamilnadu Rep.By

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 341, 294(b), 307 of IPC in Cr.No.195 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and twain abused the defacto complainant and her husband with unparliamentary words and attacked the defacto complainant's husband viz.Vengadachalam with knife. Due to which, Mr.Vengachalam got grievous injuries on his head and hands. Thereby, the defacto complainant lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that the defacto complainant's husband sustained grievous injuries on his head and

hand. He further submitted that the investigation almost completed. However, he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side), the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Mettur, 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 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;

(b)the petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation;

(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 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;

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

23.12.2022 dk To The Judicial Magistrate No.I, Mettur.

T.V.THAMILSELVI, J.

dk 23.12.2022