K.Govindasamy v. The Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 323, 427, 506(ii) IPC and 379 of IPC, r/w Section 4 of TNPHW Act, in Crime No.364 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are adjacent land owners. On account of ploughing his land, there was a quarrel between them and during the quarrel, the petitioner had abused the defacto complainant in filthy language and assaulted him resulting in him sustaining injuries. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are adjacent land owners and due to previous enmity, a false complaint has been given against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and the defacto complainant are adjacent land owners. Due to plantation dispute, the petitioner had abused the defacto complainant in filthy language and also assaulted him, resulting in him sustaining injuries. He would further submit that the injured has been discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, this Court is 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 Judicial Magistrate Court No.I, Thirupathur Taluk, Thirupathur

District, on condition that the petitioner shall execute a bond for 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 his Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders.

[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.

15.06.2023 drl

A.D.JAGADISH CHANDIRA, J drl 15.06.2023