Kannimuthu v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Sections 294(b),355,324 of I.P.C in Crime No.453 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are neighbours and there was a land dispute between them, due to which the petitioner attacked the defacto complainant with stones and caused injuries to the defacto complainant's property and also abused the defacto complainant in filthy language. Hence the respondent police registered a case against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the

petitioner attacked the defacto complainant with stones and caused injuries to the defacto complainant's property and also abused the defacto complainant in filthy language. He further submits that the injuries are simple in nature and the petitioner also filed a case against the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner that the injuries are simple in nature and only to wordy quarrel the occurrence took place, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palladam 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b the petitioners shall report before the respondent police on every Wednesday at 10.30a.m., for a period of four weeks and thereafter appear before the trial Court on all hearing dates. [c] the petitioners 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 anticipatory 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

06.01.2023 smn

T.V.THAMILSELVI, J.

smn 06.01.2023