Harikrishnan Datchanamoorthi v. The State Rep By

C.V.KARTHIKEYAN , J.

The petitioners seek anticipatory bail in Crime No.760 of 2023 registered by the respondent Police for the offence under Sections 294(b), 324, 506(ii) of I.P.C and Section 3(i) of TNPPDL Act. 2.It is stated that the petitioner and the defacto complainant have dispute over land measuring to an extent of 30 cents property in old Survey No.321/1, New Survey No.523/12. It is stated that a suit filed in O.S.No.24 of 2015 relating to the said issue was dismissed on 31.10.2023. It is stated by the learned counsel for the petitioner that an appeal is pending. It is stated that on 08.12.2023, the petitioner had caused damages to the property worth about Rs.1,50,000/-.

3. However, since the petitioners herein had taken re-course to the Civil Court for their dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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4.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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram 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 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 petitioners 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 first and second petitioners shall report before the respondent police everyday at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. The third and fourth petitioners shall appear once in a week i.e on 2/4

every saturday for a period of two weeks and thereafter 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 01.02.2024 smn 3/4

C.V.KARTHIKEYAN , J.

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