Sathiyaseelan 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 147, 148 294(b), 323, 324 and 506(ii) IPC in Crime No.122 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant Seetha is that due to dispute with respect to sharing of property, the petitioners along with other accused abused the defacto complainant in filthy language and subsequently, attacked the husband of the defacto complainant with hands, stone and stick due to which, he sustained injuries. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted against them due to previous enmity. He further submitted that there is a case in counter against the defacto complainant's party. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent opposed for grant of anticipatory bail to the petitioners stating that the petitioners along with other accused, abused and assaulted the husband of the defacto complainant with hands, stone and stick due to which, he sustained injuries. However, he would submit that the injured has been discharged from the hospital and there is a case in counter in Crime No.121 of 2023.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) and perused the materials available on record.
6.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that the injured has been discharged from the hospital and there is a case in counter, this Court is inclined to grant anticipatory 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, Thirukovilur, on condition that the petitioners 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 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 1, 2 and 3 shall report before the respondent police everyday at 10.30 a.m. until further orders;
[c] the petitioners 4, 5 and 6 shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation;
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 absconds, a fresh FIR can be registered under Section 229A IPC. 22.06.2023 ksa-2
A.D.JAGADISH CHANDIRA, J., ksa-2 22.06.2023