Komala v. The State
K.KUMARESH BABU, J.
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 294(b), 324 and 506(ii) IPC r/w Section 3 of TNPPDL Act in Crime No.154 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant running a medical shop for past 5 years on a rental basis which is owned by the 1st petitioner's husband. After the death of the 1st petitioner's husband the defacto complainant did not give any rent as well as he did not pay the Electricity bill for the past 7 months on 06.03.2024, at about 3.00 PM, the same was questioned by the 1st petitioner, the defacto complainant did not care about it. Subsequently, the defacto complainant states that he had paid rent as per the agreement to the deceased land lord's 1st wife. On 06.03.2024 at about 07.30 PM the 1st petitioner came along with other petitioners 1/5
and started a wordy quarrel with the defacto complainant and assaulted him with their hands and threw stones on the medical shop items and damaged the CCTV, Fridge, TV, Shop glasses and other valuable things in the medical shop belonging to the defacto complainant worth about Rs.5,00,000/-. Hence the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the victim got discharged. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of all these factors, anticipatory bail is granted to the petitioners with certain conditions. 2/5
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambur, Tirupattur District, 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 or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand 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 everyday at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or 3/5
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 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;
08.05.2024 rna 4/5
K.KUMARESH BABU, J.
rna 08.05.2024 5/5