Ezhilarasi v. The State Rep By Its,
A.D.JAGADISH CHANDIRA,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 448, 294(b), 323, 324, 506(2) IPC in Crime No. 57 of 2023, seek anticipatory bail.
2. The case of the prosecution is that, there was a property dispute between the defacto complainant and the petitioner's family, while so, on 26.02.2023, around 7 a.m., the petitioners trespassed into the defacto complainant's house and threatened him using knife and abused in filthy language. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any such offence as alleged by the prosecution. He would also submit that it is a case and case in counter and hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that this is the case and case in counter. Due to property dispute between the defacto complainant and the petitioner's family, the petitioners trespassed into the defacto complainant's house and threatened him with knife and also abused in filthy language. He would further submit that the petitioners are having one previous case similar in nature. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel for the petitioners and learned Government Advocate (Crl. Side) and perused the materials available on record.
6. Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioners with certain conditions.
7. 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, Kunnam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders.
[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.
13.03.2023 drl
A.D.JAGADISH CHANDIRA,J.
drl 13.03.2023