D.Pandian v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/Accused who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(ii) of IPC with respect to an occurrence which took place on 11.01.2024 registered in Crime No.17 of 2024 on the file of the respondent police, seek anticipatory bail.

2. It is stated that the there is an existing civil dispute between the petitioners and the defacto complainant with respect to an agricultural land in S.F. No.157-1B. The petitioners claim title to the said land. They alleged that the defacto complainant entered into wordy quarrel, escalated into violence. A counter complaint has been lodged by the petitioners.

3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

1/4

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 Judicial Magistrate No.III, Tirupattur on condition that each 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 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 3rd and 5th petitioners shall report before the respondent Police every day at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

[c] the 1st, 2nd and 4th petitioners shall report before the respondent police once in a week at 10.30 2/4

a.m., 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 petitioner 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; 05.02.2024 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 05.02.2024 4/4