Arokiyasamy v. 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 294(b), 323, 324, 354, 341 and 506(i) of IPC in Crime No.100 of 2023, seek anticipatory bail.
2. The case of the prosecution is that due to partition dispute, the petitioners have abused the defacto complainant with filthy language and assaulted her and also threatened her with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that there is a case in counter on the complaint given by the petitioners. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that it is a case and a case in counter. He would submit that due to partition dispute, the petitioners have abused the defacto complainant with filthy language and assaulted her and also threatened her with dire consequences. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Mr.D.Uma Sankar, learned counsel for the intervenor would vehemently oppose to grant anticipatory bail to the petitioners. 6.Heard the learned counsel for the petitioners as well as the learned Government Advocate(Crl.Side) for the respondent and perused the entire materials available on record.
7.Taking into consideration the facts and circumstances of the case and that submissions made by the learned counsel and also of the fact that it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8.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 XV Metropolitan Magistrate, George Town, Chennai, on condition that each of the petitioners 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 stay at Chengalpet and report before the Chengalpet Town Police Station everyday at 10.30 a.m., for a period of two weeks from the date of execution of sureties and they shall not enter into the jurisdictional limits of the respondent police station till then. Thereafter, report before respondent police every Saturday at 10.30 a.m., until further orders.
A.D.JAGADISH CHANDIRA, J.
mpa [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.
06.04.2023 mpa