Poongavanam Alias Poongavanammal v. The State Rep By Its,
S.SOUNTHAR , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 & 506(i) of the Indian Penal Code in Crime No.130 of 2024, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute, on 14.4.2024 at about 5 p.m, while the de-facto complainant was working in his field, the petitioners attacked him with hands, abused by using filthy language and also threatened him with dire consequences. Hence the complaint.
3. The learned counsel for the petitioners stated that the petitioners are innocent persons and that they have been falsely implicated in Crime No.130 of 2024 registered by the respondent Police. Thus, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal side) accepting notice for the respondent submits that the first petitioner - A1 is having one previous case and that the de-facto complainant has already been discharged from the hospital. 1/4
5. Having regard to the nature of allegations made against the petitioners, and the fact that the de-facto complainant has been discharged from the hospital, this Court is inclined to grant anticipatory bail 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 is made ready, before the learned Judicial Magistrate, Gingee, Villupuram District on condition that the petitioners shall execute separate bonds 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 10.30.a.m., until further orders.
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[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 were 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 petitioners thereafter abscond, a fresh FIR can be registered under Section 229A of the Indian Penal Code.
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S.SOUNTHAR , J.
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