Selvakumar vs Sub Inspector Of Police

G.Ilangovan, J

The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 and 353 of <li>Indian Penal Code, 1860 &mdash; Section</li> and Section 4(i)(j) of TN Prohibition of Act, in Crime No.178 of 2023, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that on 06.07.2023, at about 5 p.m., the accused persons was riding the two wheeler with two pillion riders in a high speed, which was intercepted by the defacto complainant. At that time a wordy quarrel arose and the defacto complainant was assaulted by the petitioner and sustained injury. Hence the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case.

The respondent is present before this Court and stated that on the date of the occurrence, this petitioner was found in drunken mode. He was taken to the hospital and medical examination was also conducted but not arrested because of his mental state.

The learned Government Advocate (Crl.side) would submit that no previous case has been registered against the petitioner.

Considering the facts and circumstances of this case and also the fact that the petitioner is not having any bad antecedent, this Court is inclined to grant relief to the petitioner.

Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Rajapalayam, on condition that the petitioners 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.