Saravanan 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 294(b) and 506(ii) of IPC in Crime No.210 of 2022, seek anticipatory bail.
2. The case of the prosecution as per the de-facto complainant S.Visali is that she and the accused are neighbours. Due to previous enmity, on 28.10.2022 at about 08.00 hours, the accused have abused the de-facto complainant with filthy language and also splashed the drainage water on her and her child and they also threatened her to withdraw the previous case filed against them. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners and the de-facto complainant are neighbours. On the earlier date i.e., on 27.10.2022, the de-facto complainant's husband had driven his vehicle in
a rash manner wilfully and thereby, he had splashed the drainage water on the petitioners and there was a dispute on 27.10.2022 and hence, a false complaint has been given against the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that due to previous enmity, the petitioners have abused the de-facto complainant with filthy language and also splashed the drainage water on the de-facto complainant and her child. He further submitted that the petitioners had got two previous cases registered against them. Hence, he opposed to grant anticipatory bail to the petitioners.
5. At this juncture, the learned counsel for the petitioners submitted that the petitioners are ready and willing to furnish solvent sureties and abide by any stringent condition that may be imposed on them and that, they are ready to stay elsewhere. Hence, he prays for grant of anticipatory bail to the petitioners.
6. Heard both sides and perused the materials available on record including the FIR.
7. Considering the above facts and circumstances of the case and the submissions made by the counsel on either sides, 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 Judicial Magistrate, Gudiyatham, 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 his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, Villupuram, every day at 10.30 a.m., for a period of four weeks and thereafter report before the respondent police every Monday and Saturday 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.
11.04.2023 arb
A.D.JAGADISH CHANDIRA, J.
arb 11.04.2023