Thamizhazhagan @ Tamilalagan v. State By

N.ANAND VENKATESH, J., The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 341, 323, 324 and 506(ii) of IPC in Crime No.27 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.01.2024, the petitioner was driving the car. The defacto complainant and three others stopped the car and questioned the petitioner as to why the car is being driven in a rash and negligent manner. Immediately, two persons came out of the car and stated abusing the defacto complainant and others in filthy language and also attacked them with hands and stones. As a result, the defacto complainant sustained bleeding injuries. The defacto complainant was immediately rushed to the Kilpauk Government Hospital and he was given treatment. Based on the complaint given by the defacto complainant, FIR came to be registered by the 1st respondent for the offences u/s.294(b), 341, 323, 324 and 506(ii) of IPC .

3. The learned Government Advocate (Criminal Side) submitted 1/5

that the defacto complainant was attacked by the petitioner and another and as a result, the defacto complainant sustained injuries in his face and head. After treatment was given, the defacto complainant was discharged from the hospital. It was, further, submitted that investigation is pending and there is no previous case against the petitioner.

4. 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 learned XXII Metropolitan Magistrate, Egmore on condition that the petitioner 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 2/5

identity.

[b] the petitioner shall report before the respondent Police, every Friday at 6.30 p.m., for a period of 8 (eight) weeks and thereafter as and when required for interrogation till the completion of investigation;

[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; 3/5

19.02.2024 mjs N.ANAND VENKATESH, J., mjs 4/5

19.02.2024 5/5