B Vijayabalaji v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioner/A2 in Crime No.1220 of 2023, registered under Sections 342, 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 de facto complainant, a resident of Uttar Pradesh, was searching for a job and was employed by the petitioner herein. It is alleged that the petitioner had attacked him, stating that he had not worked properly. There are two previous cases against the petitioner herein. In view of the facts, anticipatory bail is granted, but however directing the petitioner to deposit a sum of Rs.10,000/- to the credit of crime No.1220 of 2023 and the learned Judicial Magistrate at Palladam, (without prejudice to his rights and contentions before the trial Court) may hand over the said amount to the de facto complainant as compensation for injury suffered.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

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5. Accordingly, the petitioner/A2 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 Judicial Magistrate Court, Palladam, on condition that the petitioner/A2 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/A2 is directed to deposit a sum of Rs.10,000/- to the credit of crime No.1220 of 2023 and the learned Judicial Magistrate at Palladam, (without prejudice to his rights and contentions before the trial Court) may hand over the said amount to the de facto complainant as compensation for injury suffered.

[c] the petitioner/A2 to appear before the respondent everyday at 10.30 am., until further orders.

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[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.

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C.V.KARTHIKEYAN , J.

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