Raja v. Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 352 and 506(2) of IPC in Crime No.161 of 2024 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that on 18.03.2024, while he was digging to lay a pipeline, the Vice President of the Panchayat Board came there and made a complaint against the second petitioner, for which, the petitioners who reside in the house opposite to him came there, abused and assaulted the defacto complainant by causing injuries to him. Hence the case.

3. Learned counsel for the petitioners submitted that the petitioners and the defacto complainant are residing in the same area and due to previous enmity, they have been falsely implicated in this case. He also submitted that the petitioners are ready to abide by any stringent conditions that may be 1/4

imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to previous enmity, there was a wordy quarrel between the petitioner and the defacto complainant, for which, the petitioner assaulted the defacto complainant, causing injuries to him. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioners are ordered to be released on anticipatory bail, in the event of arrest or on their appearance, within a period 2/4

of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Nannilam, on condition that the petitioners shall execute a separate 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 stands 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; 3/4

T.V.THAMILSELVI,J.

drl [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.

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