Latha v. The Inspector Of Police,

C.V.KARTHIKEYAN , J.

The Petitioners/A1, A2 and A3 in Crime No.20 of 2023 registered by the respondent police for the offences under Sections 341, 294(b), 323, 379 and 506(1) IPC, seek anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the 1st Petitioner is the daughter of the defacto complainant and the 2nd and 3rd Petitioners are the son-in-law and another daughter of the defacto complainant. There is a continuous dispute over the usage of the agricultural land.

3. It is also contended that the Petitioners herein had assaulted the defacto complainant and had also stolen some amounts and gold. But however the primary grievance is only with respect to a land dispute among the parties.

4. Taking all the factors into consideration and with a hope that there will be an unity in the family in the future, this Court is inclined to grant 1/4

anticipatory bail to the Petitioners subject to the following conditions. 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 Judicial Magistrate No.1, Mettur, on condition that the petitioners shall execute a separate 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 conditions 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 2nd petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for the interrogation and the 1st and 3rd petitioners shall report before the respondent police as and when required for the interrogation.

[c] the petitioners shall not tamper with evidence or 2/4

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.

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C.V.KARTHIKEYAN , J.

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