Kalaiselvan v. Inspector Of Police

and Crl.M.P.No.9311 of 2023 RMT.TEEKAA RAMAN, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 406 and 506(1) of I.P.C, in Crime No.365 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant assigned petitioner for construction of his house and also paid Rs.3 lakhs towards the construction, but the petitioner not constructed the house with quality materials and the same was questioned by the de-facto complainant, the wordy quarrel arose them due to that petitioner scolded de-facto complainant in filthy language. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to wordy quarrel, the petitioner scolded the de-facto complainant in filthy language. Hence, he opposed

for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the intervenor and he vehemently opposed to grant anticipatory bail to the petitioner.

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

7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees Three laksh only) to the credit of Crime No.365 of 2023, before the concerned Magistrate on or before 18.09.2023, failing which, the anticipatory bail shall stand dismissed, 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, Ambattur, on condition that the petitioner shall execute a separate 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 petitioner 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 petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three lakhs only) to the credit of Crime No.365 of 2023, before the concerned Magistrate, or or before 13.09.2023, failing which, the anticipatory bail shall stand dismissed;

[c] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

[h] Consequently, connected Crl.M.P is closed. 01.09.2023 nvi

RMT.TEEKAA RAMAN, J.

nvi 01.09.2023