Nattamai @ Gopalakrishnan v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 323, 324 and 307 of IPC in Crime No.182 of 2022, seeks anticipatory bail.

2.The case of the prosecution as per the de-facto complainant is that on 15.07.2022 at about 4.30 p.m., while he was coming along with his friends in a bike, the accused waylaid him and attacked him with chain and helmet, due to which, he suffered grievous injuries. Hence the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and there was no enmity between them, the defaccto complainant has falsely implicated the petitioner in this case. He would further submit that without prejudice, he is ready and willing to deposit a sum of Rs.20,000/- to the credit of Crime No.182 of 2022 and he has no objection in the amount being disbursed to the

defacto complainant for medical expenses. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the defacto complainant was coming along with his friends in a bike, at that time, the accused waylaid him and attacked him with chain and helmet, due to which, he suffered grievous injuries. He would further submit that there are four previous cases pending against him and the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner as well as the learned Government Advocate (crl.side) and perused the entire materials availble on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note 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.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.182 of 2022, within a period of two weeks from the date on which the order copy made ready, and on such deposit, 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.II, Thiruvallur 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 deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.182 of 2022, within a period of two weeks from the date of receipt of a copy of this order. On such deposit, the learned Magistrate shall disburse the amount deposited to the credit of Crime No.182 of 2022 to the defacto complainant.

[c] the petitioner shall report before the Judicial Magistrate No.II, Thiruvallur, on every Monday and Friday at 10.30 a.m., until further orders.

[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; 03.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 03.01.2023