J.Manikandan @ Kakan Mani v. The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324, 506(ii) of IPC in Crime No.492 of 2022, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that during a quarrel in the tasmac shop, the petitioner along with other accused have abused him in filthy language, assaulted him with beer bottle and hands. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that there was a quarrel in the tasmac shop, due to which, a false complaint has been given against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocte (Crl.Side) would submit that during a quarrel in the tasmac shop, the petitioner along with other accused have abused the defacto complainant in filthy language, assaulted him with beer bottle. He would further submit that the injured has been discharged from the hospital and there are nine previous cases pending against him. However, he opposed for grant of anticipatory bail to the petitioner.

5.In reply, the learned counsel for the petitioner would submit that the petitioner is ready and willing to pay a sum of Rs.15,000/- to the credit of Crime No.492 of 2022 towards the alleged medical expenses incurred by the defacto complainant and co-accused in this case have already been enlarged on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

6.Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel and also of the fact

that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Crime No.492 of 2022 and on such deposit and receipt of proof of payment, 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 Metropolitan Magistrate No.XXIII, Saidapet, on condition that the petitioner shall execute a bond for a sum of Rs.

their Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.492 of 2022, before the concerned Magistrate, at the time of furnishing sureties and the learned trial Judge shall disburse the amount to the defacto complainant.

[c] the petitioner shall appear before the respondent Police on every Saturday 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; 06.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 06.01.2023