Mahalingam v. The Inspector Of Police,

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324, 506(ii) of IPC and 4 of Women Harassment Act in Crime No.154 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that, petitioner is not shown as an accused in the first information report. Therefore, he prays for granting anticipatory bail to the petitioner.

3. Learned Government Advocate (Criminal side) submitted that, there was a land dispute between the defacto complainant's family and accused. On the basis of the complaint given by defacto complainant, first information report in Crime No.154 of 2023 was registered for the offences under Sections 294(b), 323, 324, 506(ii) of IPC and 4 of Women Harassment Act. He further submitted that, petitioner is a not a named accused in the first information report and the injured has been discharged from the hospital.

4. In the light of the submission of the learned Government Advocate (Criminal side) and the fact that petitioner is not a named accused in the first information report, 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, Pappireddipatty, on condition that the petitioner shall execute a 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 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.

30.06.2023 gd

G.CHANDRASEKHARAN.

J.

gd 30.06.2023