Rathinakumar v. State Rep.By

K.KUMARESH BABU , J.

The petitioner seeks anticipatory bail in Crime No. Not known of 2024 registered by the respondent Police for the offences under Sections 147, 452, 351, 427 and 506(2) IPC.

2. The case of the prosecution is that the petitioner and the defacto complainant are the co-owners of the property situated at T.H.Road, Tondiarpet, Chennai. Due to a civil dispute, a wordy quarrel has arisen between the parties, for which, the petitioner threatened the defacto complainant with dire consequences and also assaulted him, thereby caused injury. Hence this complaint.

3. The learned counsel for the petitioner submitted that due to a civil dispute, the defacto complainant has given a false complaint against the petitioner. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that due to a civil dispute, the petitioner assaulted the defacto complainant and caused injury. The defacto complainant was admitted in hospital and now, he is discharged from the hospital.

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5. Taking all the factors into consideration and also the fact that the injured is discharged from the hospital, I am 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 from the date on which the order copy made ready, before the learned XV Metropolitan Magistrate, George Town, Chennai 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 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 petitioner 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 petitioner shall report before the respondent police everyday at 10.00 a.m., for a period of two weeks and 2/4

thereafter, 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;

[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 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;

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K.KUMARESH BABU , J.

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