Gunasekaran v. The Station House Officer

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 323, 427, 506(ii) IPC and Section 4 of TNPWH in Cr.No.215 of 2022 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioner and the defacto complainant are neighbours; there was a civil dispute with regard to path way; and the husband of the defacto complainant had one civil case and hence, all the accused persons have altogether assaulted the defacto complainant and her family members on 21.09.2022. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that there is a land dispute among the petitioners and the defacto complainant's family. On 21.09.2022 there was a wordy quarrel which ended in clash between themselves. He further submitted that they have not been committed any offence as alleged by the prosecution. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) would submit that the civil dispute had resulted in the present criminal complaint. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Considering the fact and submissions of the learned counsel on both side, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Gingee, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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)the petitioners 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 as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 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;

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

09.01.2023 vsn

T.V.THAMILSELVI, J.

vsn 09.01.2023