Renuka Devi v. The Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, in Crime No.236 of 2022, seek anticipatory bail.
2. The case of the prosecution is that there was property dispute between the petitioners and the defacto complainant. Due to which, the petitioners abused the defacto complainant with filthy language and also attacked him with wooden log and caused injuries to him. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners were granted anticipatory bail by this Court in Crl.O.P.No.32506 of 2022 vide order dated 28.12.2022, however they were unable to furnish the sureties and thereby, the earlier order has got lapsed and the present anticipatory bail has been filed.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to land dispute the petitioners attacked the defacto complainant and also caused injuries to him. He would further submit that the petitioners were granted anticipatory bail by this Court in Crl.O.P.No.32506 of 2022 vide order dated 28.12.2022, however they failed to execute the sureties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners. 5.In reply, the learned counsel for the petitioners would submit that the petitioners are also ready to deposit an amount of Rs.2,000/- each to any welfare scheme of the Government and prays for grant of anticipatory bail to the petitioners.
6.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. 7.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact
that the petitioners have come forward to deposit an amount of Rs.2,000/- each to any welfare scheme of the Government, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8.Accordingly, each of the petitioners are directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand only) to the credit of Taluk Legal Services Authority, attached to the concerned Court and on such receipt and on receipt of proof of payment, 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 Court, Katpadi, Vellore District, on condition that each of the petitioners shall execute a 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 every day at 10.30 a.m., until further orders.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners shall not abscond either during investigation or trial;
[f] 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
26.04.2023 gbi
A.D.JAGADISH CHANDIRA , J.
gbi 26.04.2023