Esther Raj @ Yeasu v. The State Rep By

Crl.O.P.No.8193 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 447, 427, 506(i) of IPC in Crime No.105 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners trespassed into the defacto complainant property and assaulted him. Hence, the complaint.

3. Heard both sides.

4. Considering the facts of the case, there was civil dispute between the parties in respect of fabrication of documents and also the District Registrar conducted enquiry and passed order to that effect the copy of the order is produced before this Court, wherein the present complainant is one of the party to that proceedings. Considering the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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, karimangalam, Dharmapuri District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 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.

02.04.2024 pbl

T.V.THAMILSELVI, J.

pbl Crl.O.P.No.8193 of 2024 02.04.2024