Gangadharan v. State Represented By

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 294(b), 323, 324, 355, 506(2) IPC in Crime No.199 of 2024 on the file of the respondent/police, seek anticipatory bail. 2.It is the case of the prosecution that on 30.03.2024 due to a property dispute, at about 11.00 a.m. when she was at home A1 along with other accused entered her house scolded her and A1 and A2 attacked the defacto complainant with iron rod in head and tigh and A3 attacked her with her foot wear and threatened the defacto complainant with dire consequences and left the house. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that the defacto complainant and the accused are family members and there was a dispute in respect of the property, the defacto complainant foisted a false case against the petitioners. The petitioners are not involved in any offence as stated in the complaint. They are falsely implicated in the above case. They are law abiding citizens and they are ready to abide by any condition that may be 1/5

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

4.The learned Government Advocate (Crl. Side) vehemently opposed for grant of anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, the petitioners is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 4th Judicial Magistrate Court, Vellore, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 the petitioners, or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand 2/5

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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b) the petitioners shall appear before the respondent police as and when required;

(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 Judge himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

29.04.2024 ah T.V.THAMILSELVI, J.

ah Crl.OP.No.10341 of 2024 4/5

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