Radhakrishnan v. The Inspector Of Police

K.KUMARESH BABU, J.

The petitioner who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 448, 379, 294(b), 323 and 506(i) of I.P.C in Crime No.170 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that one Sarangapani is the father of the petitioner and the de-facto complainant viz., Vanitha. The said Sarangapani has two wives. Petitioner is the son of his 1st wife and the de-facto complainant is the daughter of his 2nd wife. There is a civil dispute between the petitioner and the de-facto complainant in respect of an undivided property. While so, on 24.04.2023, the petitioner trespassed into the agricultural land of de-facto complainant and picked up cashew nuts and that apart, due to previous enmity, the petitioner attached the de-facto complainant and also, threatened her. Hence, the de-facto complainant lodged a complaint against the petitioner. Aggrieved over the same, the petitioner has filed the present petition. 1/5

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that there is no previous case pending against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days 2/5

from the date on which the order copy is made ready, before the learned District Munsif-cum-Judicial Magistrate, Neyveli, Cuddalore District, on condition that the petitioner 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 or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate 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, as and when required for interrogation.

[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.

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[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 have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in the case of P.K.Shaji Vs. State of Kerala reported in (2005) AIR SCW 5560. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

17.05.2023 mrr 4/5

K.KUMARESH BABU, J.

mrr 17.05.2023 5/5