Sakthi @ Sakthivel v. The State Rep.By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.413 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to property dispute, the accused picked up a quarrel with the defacto complainant, during the quarrel, the accused abused her in a filthy language, assaulted and also threatened her. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is none other than the husband of the defacto complainant and due to property dispute, a false complaint has been given against him. He would further submit that he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to

the petitioner.

4. The learned Government Advocte (Crl.Side) would submit that the petitioner and the defacto complainant are the husband and wife. Due to property dispute, there was a wordy quarrel arose between them, during the quarrel, the petitioner had abused her in a filthy language, assaulted and threatened her. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel and also of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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

Judicial Magistrate No.I, Attur, 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 identity.

[b] the petitioner shall appear before the respondent Police on every Saturday at 10.30 a.m., for a period of six weeks.

[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;

06.01.2023 vkr

T.V.THAMILSELVI, J.

vkr 06.01.2023