Rajaganapathy v. The Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 324 of IPC in Crime No.307 of 2023, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity on account of land property, the petitioners has abused him in filthy language and assaulted the defacto complainant, resulting in him sustaining injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners and the defacto complainant are neighbours and there was a civil dispute pending between both the families in O.S.Nos.351 of 2021 before the District Munsif Court, Salem. Due to which, a false complaint has been foisted against him. Hence, he seeks for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioners and the defacto complainant are neighbours and due to land dispute, the petitioners has assaulted the defacto complainant resulting in him sustaining injuries. He would further submit that the injured has been discharged from the hospital and thereby, he opposed for grant of anticipatory bail to the petitioners.

5.Heard the learned counsel and perused the entire materials available on record including the First Information Report. 6.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant 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 No.II, Salem on condition that each of 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 daily at 10.30 a.m., until further orders.

[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;

14.06.2023 drl

A.D.JAGADISH CHANDIRA , J.

drl 14.06.2023