R.Somasundaram v. State Represented By

Dr.G.JAYACHANDRAN, J., The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(1) of IPC, in Crime No.102 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.

The First Information Report registered by the respondent police indicates that due to land dispute, the petitioner abused the defacto complainant in filthy language and also attacked him using iron rod. Hence, the complaint. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he prays for grant anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl.Side) submits that the 1/4

injured discharged from the hospital.

5.

Considering the above facts, 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 seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Erode, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 petitioner shall report before the Investigation Officer, daily twice at 10.00 a.m. and 04.00 p.m, until further order.

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

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(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 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.

04.03.2022 mn/rts Dr.G.JAYACHANDRAN,J.

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