Ganesh @ Powder Ganesh v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 324, 307 and 506(ii) of IPC in Cr.No.420 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the due to previous enmity the accused/A6 along with five accused persons were assaulted the defacto complainant and his brother with knife. Due to which the defacto complainant and his brother sustained grievous injuries and admitted in Hospital. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not been committed any offence as alleged by the prosecution. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the

petitioner has arrayed as A6 and two persons were injured. Therefore, the victim was discharged from the hospital. He further submitted that two previous cases pending against the petitioner/A6. Hence, he opposed to grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions and that the petitioner is ready and willing to deposit some amount to the credit of Cr.No.420 of 2022, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of crime No. 420 of 2022 within a period of three 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, before the learned XVIII Metropolitan Magistrate Court, Saidapet, Chennai 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.10,000/- (Rupees Ten Thousand Only) to the credit of crime No.420 of 2022 within a period of three weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioner shall not abscond either during investigation or trial.

[g] 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].

T.V.THAMILSELVI, J.

vsn [h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

03.01.2023 vsn