Chinnappan v. Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner/A7 in Crime No.469 of 2023, registered by the respondent police for the offence under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) & 307 of IPC, seeks anticipatory bail. 2.It is the case of the prosecution that owing to previous enmity, the petitioner/A7 had instigated A1 to A6 to assault the defacto complainant and cause injuries, necessitating lodging of complaint and registration of FIR.

3.The learned counsel for the petitioner stated that the petitioner herein had also given a complaint against the defacto complainant which had been registered as FIR in Crime No.468 of 2023. 4.It is stated that A1 to A6 had been arrested and remanded to custody but taking into consideration all other factors, I am inclined to grant anticipatory bail to the petitioner with certain conditions: 5.Accordingly, 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 Judicial Magistrate No.I, Ulundurpet, on condition that the petitioner shall

execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 report before the respondent police everyday at 10.30 a.m., until further orders. [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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

09.01.2024 ata

C.V.KARTHIKEYAN,J.

ata 09.01.2024