Vinoth Mani v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner/A4 in Crime No.68 of 2017, registered under Sections 147, 294(b), 323, 324 and 506(ii) IPC, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent. 3.It is stated that the other accused had been granted anticipatory bail. There appears to an identity crises for the petitioner and the learned counsel states that the de facto complainant had not lodged a complaint against the petitioner herein. That is an issue in which this Court cannot examine or answer or address. So far as the reason for anticipatory bail is concerned, it is seen that it is a civil dispute had escalated into quarrel and violence. Taking those factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A4 with certain conditions.

5.Accordingly, the petitioner/A4 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 1/4

on which the order copy made ready, before the learned Judicial Magistrate Gudiyatham, Vellore District, 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/A4 to appear before the respondent police every day at 10.30 a.m, for a period of one week 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 2/4

appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioners 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

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C.V.KARTHIKEYAN , J.

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