Santhosh Kumar v. Inspector Of Police
Crl.O.P.No.10568 of 2022 G.CHANDRASEKHARAN, J.
The petitioners, who apprehend arrest for the alleged offences under Sections 147, 294(b), 323, 342, 355, 384 and 506(i) of IPC in Crime No.71 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant entered into an agreement with one Kuppan for purchase of 18 3⁄4 cents of land at the rate of Rs.10,000/- per cent. He paid Rs.1,75,000/- as advance and agreed to pay the balance amount at the time of registering the sale deed. Later, the said Kuppan had executed the sale deed to the defacto complainant only in respect of 9 cents of land. Kuppan had also given a complaint that the defacto complainant had cheated him and that be the position, on 16.03.2022, the petitioners alleged to have threatened the defacto complainant to return the land and then at 01.00p.m., on the same day, they have threatened him to sign in the bond paper and attacked him with criminal intimidation.
3.Learned counsel for the petitioners submitted that A5 was arrested 1/4
and bond papers which was signed by the defacto complainant were recovered from him.
4.Learned Government Advocate (crl side) submitted that there is no injury caused to the defacto complainant and the injured was treated as out patient.
5. Considering the nature of the allegation in the F.I.R, this Court is of the view that the custodial interrogation of these petitioners is not necessary. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Judicial Magistrate I, Ulundhurpet, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/-only (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 and on further condition that:
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(a)the petitioners and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m. until further orders.
(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 has 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]; and;
G.CHANDRASEKHARAN, J.
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VRI/SR (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
05.05.2022 vri/sr Crl.O.P.No.10568 of 2022 4/4