Bama v. The State Rep By

K.KUMARESH BABU, J.

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 448, 427, 506(ii) of IPC R/W Section 4 of TNPHW Act in Crime No.81 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that petitioner attacked and abused filthy and vulgar language against the defacto complainant. Originally, the petitioner and the defacto complainant were family friends. The defacto complainant has sold a property to the petitioner for a sum of Rs.31,00,000/- and the defacto complainant has received the said amount through online transaction. But, till date the defacto complainant had neither registered the above said property nor repaid the above said amount to the petitioner. Hence, the defacto complainant had lodged a false complaint against the petitioner due to previous enmity. 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 they have been falsely implicated in 1/4

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 the factors, anticipatory bail is granted to the petitioners with certain conditions.

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 at Ambattur, 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 2/4

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 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 3/4

K.KUMARESH BABU, J.

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