C Britto Jagaedesh v. Stat Rep By Its

G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 354, 506(i) and 342 of IPC, in Crime No. 466 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there are totally seven accused and the petitioners are arrayed as A2 to A7. Due to wordy quarrel, the petitioners along with other accused trespassed into the house of the defacto complainant and forced them to vacate the house premises abusing her in filthy language, damaged her modesty and forcibly chased her out of the house. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the defacto

complainant is tenant and he is a habitual defaulter in payment of rent, hence the petitioners asked the complainant to vacate the premises. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that due to wordy quarrel, the petitioners along with others trespassed into the house of the defacto complainant in order to vacate the premises. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case, 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 made ready, before the learned District Munsif cum Judicial Magistrate, Madhavaram on

condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, 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/A1 A3 and A4 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and the petitoners/ A2, A5 and A6 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 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.

04.07.2022 drl

G.K.ILANTHIRAIYAN, J.

drl 04.07.2022