Balasubramaniyan v. The Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 427, 506(i) of IPC r/w Section 18D of the Transgender Person (Protection of rights) Act, 2019, in Crime No.157 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused had grabbed the defacto complainant's property by forged document. Thereafter, the defacto complainant filed a suit in O.S.No.387 of 2021 before the Civil Court and also gave a complaint before the District Registrar on 27.01.2023. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Based on the false complaint, a case has been registered by the respondent. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to land dispute, the 1st accused had grabbed the defacto complainant's property by forged document. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the circumstances of the case and the submissions made by the learned Counsel on either sides, this Court is inclined to grant anticipatory 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 Judicial Magistrate IV, Salem on condition that each of the petitioner shall execute a separate 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., for a period of two weeks and thereafter every saturday at 10.30 a.m., for a period of four 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 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.

15.03.2023 (1⁄2) jas

A.D.JAGADISH CHANDIRA, J.

jas 15.03.2023