Periyanayagi v. The Inspector Of Police

Crl.OP.No.13321 of 2023 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), 323, 324 and 506(ii) of IPC in Crime No.170 of 2023, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioners have abused and assaulted the defacto complainant with spade and wooden log resulting him in sustaining injuries. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he would seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the the due to land dispute, the petitioners have abused and assaulted the defacto complainant with spade and wooden log resulting him in sustaining injuries. He would admit that the injured has been discharged from the hospital. However, he would vehemently oppose to grant anticipatory bail to the petitioners.

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5. Heard both sides and perused the materials available on record including an FIR.

6. Taking in to consideration the facts and the circumstances of the case and also the submissions made by both counsel 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 petitioners.

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-II, Villupuram and District on condition that each of 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/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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[b] the 1st petitioner shall report before the respondent police everyday at 10 30a.m., for a period of two weeks and thereafter as and when required for interrogation and the 2nd and 3rd petitioners shall stay at Chengalpet and report before the Inspector of Police, Town Police Station, Chengalpet every day at 10.30 a.m., for a period of two weeks and thereafter report before the respondent police on every Saturday 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] 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, as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[f] if the petitioners herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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A.D.JAGADISH CHANDIRA, J.

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