The court has the discretion to grant anticipatory bail to an accused if it is satisfied that the accused is not likely to abscond or tamper with evidence.

Crl.O.P.No.370 of 2023

Crl.O.P.No.370 of 2023

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest at the hands of the

respondent police for the offences punishable under Section 341, 294(b),

307 IPC in Crime No.457 of 2022, seek anticipatory bail.

2. The case of the prosecution is that A1 and A2 were brothers

due to previous enmity the wordy quarrel arose between the petitioners

and the defacto complainant. Due to which the petitioners abused the

defacto complainant with filthy language and attacked her with patta

kathi and she sustained grevious injuries. Hence, the case.

3.The learned counsel appearing for the petitioners would

submit that the petitioners are innocent persons and no way connected

with the alleged offence. Therefore, he prays to grant anticipatory bail to

the petitioner.

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Crl.O.P.No.370 of 2023

4. The learned Government Advocate (Crl.Side) would submit

that the victim sustained grevious injuries and she suffered 20 stitches on

her head. He further submit that there is no previous case pending as

against the petitioners. Hence, he vehemently opposed for 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.457 of 2022, this Court is inclined to grant anticipatory

bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of

Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime

No. 457 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 Judicial Magistrate Uthukottai, Thiruvallur

District, on condition that the petitioner shall execute a bond for a sum

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Crl.O.P.No.370 of 2023

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 petitioners 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 petitioners shall deposit a sum of Rs15,000/- (Rupees

Fifteen Thousand only) to the credit of crime No.457 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 petitioners shall appear before the respondent police o

every Wednesday at 10.30 a.m., for a period of two weeks and

thereafter, as and when required for interrogation.

[e] the petitioners shall not tamper with evidence or witness

either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or

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Crl.O.P.No.370 of 2023

trial.

T.V.THAMILSELVI, J.

vsn

[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].

[h] If the accused thereafter abscond, a fresh FIR can be

registered under Section 229A IPC.

09.01.2023

vsn

Crl.O.P.No.370 of 2023

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