Dinesh Kumar v. The State Rep By
V.LAKSHMINARAYANAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324 & 506(ii) of IPC, in Crime No.65 of 2023, seek anticipatory bail.
2. The case of the prosecution is that due to land dispute between the petitioners and the defacto complainant, the petitioners abused the defacto complainant with filthy language, assaulted with iron rod and stones and threatened him with dire consequences. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and he further submitted that the petitioners are innocent persons. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that due to land dispute between the petitioners and the defacto complainant, the petitioners abused the defacto complainant with filthy language, assaulted with iron rod and stones and threatened him with dire consequences. He further submitted that injured has been discharged from hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration, the facts and circumstances of the case and the injured also discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. 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, Vandavasi, Thiruvannamalai District on condition that each of the petitioners shall execute 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 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 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.
24.05.2023 jai
V.LAKSHMINARAYANAN, J.
jai 24.05.2023