A Kishore Kumar v. State By

Crl.O.P.No.10432 of 2024 T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC r/w 4 of TNPWH Act, in Crime No.115 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that, due to land dispute, there was a wordy quarrel between the petitioner and the defacto complainant. The petitioner along with A-1 abused and assaulted the defacto complainant with wooden log and thereby, she sustained injuries, hence the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. Therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the 1/5

respondent opposed for granting anticipatory bail to the petitioner stating due to wordy quarrel between the petitioner and the defacto complainant, the petitioner attacked the defacto complainant with wooden log and abused her in filthy languages. He also submitted that the victim has been discharged from the hospital.

5. Taking into consideration the fact that there was a quarrel among them and the victim also discharged from the hospital, and also there is no previous cases pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall make a deposit of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.115 of 2024, and on such deposit, the petitioner is ordered to to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Additional Mahila Court, Thiruvallur on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a like sum to the satisfaction 2/5

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:

[a] the petitioner and the sureties shall affix their 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of two months;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 has been imposed and the petitioner is 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 3/5

[(2005) AIR SCW 5560]; and;

[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

(g) the victim is directed to withdraw the deposited amount of Rs.10,000/- (Rupees Ten Thousand only) in Crime No.115 of 2024, pending on the file of the respondent Police, in the manner known to law, on proper identification and on filling appropriate affidavit in this regard. 29.04.2024 kv 4/5

T.V.THAMILSELVI, J.

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