Pandiyan @ Pasupathi v. The Inspector Of Police,Ranipet

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC r/w Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act, in Crime No.144 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute between the defacto complainant's father-in-law and the petitioner and it is alleged that the petitioner along with others assaulted the defacto complainant with wooden log and stones and also threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner attacked the defacto complainant and caused injuries. He further submitted that this Court already dismissed the earlier anticipatory bail petitions filed by the petitioner on two occasions. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. It is seen that earlier occasions, this Court dismissed the anticipatory bail petitions filed by the petitioner on the ground that he involved in three previous cases. However, so far the petitioner not yet secured. Further the investigation is still pending in Crime No.144 of 2022. Considering the above fact and circumstances of the case, 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 fifteen days from the date on which the order copy made ready, before the learned

Judicial Magistrate No.II, Walajapet, 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, failing which, the petition for anticipatory bail shall stand dismissed 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 copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.

[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.

27.03.2024 rts

G.K.ILANTHIRAIYAN, J.

rts 27.03.2024