K.Sekar vs State

Dr.G. Jayachandran, J

The petitioner herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.101 of 2022, on the file of the respondent police, seeks anticipatory bail.

One Balakrishnan, the defacto complainant who tried to mediate the dispute between father-in-law and son-in-law/petitioner, was attacked with Iron rod causing lacerated wound. He got admitted in the Government Hospital, Thindivanam and after discharge, given the complaint on 31.07.2022 at 17.00 hours.

Earlier, when the petitioner moved anticipatory bail petition, this Court considering the nature of injury, declined to grant anticipatory bail. The said order was passed on 08.08.2022. Again, the petitioner has moved anticipatory bail petition.

Learned Government Advocate(Crl.Side) states that the investigation is not yet completed and petitioner is still at large and police is unable to trace him.

Taking note of the fact, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate-I, Tindivanam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Fife 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 and on further condition that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) petitioner shall stay at Madurandagam and report before Madurandagam Town Police Station, daily until further orders;

(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 petitioners 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.