R.Kuppan v. State Rep.By Its

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 109, 147, 148, 294(b), 324, 307 and 506(ii) of IPC, in Crime No.9 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a land dispute between the family of the defacto complainant and the petitioner, due to which the petitioner along with other accused attacked the defacto complainant and thereby he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned counsel for the Intervenor raised strong objection for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there was a land dispute between the family of 1/4

the defacto complainant and the petitioner, due to which the petitioner along with other accused attacked the defacto complainant and thereby he sustained injuries and now, the injured has been discharged from the hospital. He would submit that the co-accused already arrested and released on bail. However, he opposed to grant anticipatory bail to the petitioner.

6. Considering the above facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is 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, Ranipet, Ranipet District, on condition that the 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 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 Magistrate may obtain a 2/4

copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police every Tuesday and Sunday at 10.30 a.m., for a period of six weeks and thereafter as and when required.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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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T.V.THAMILSELVI, J.

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