N.Chandra v. The State Rep By Its,
G.CHANDRASEKHARAN.
J.
The petitioners who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 323, 324, 427 & 506 (1) IPC, in Crime No.191 of 2023, on the file of the respondent police, seek anticipatory bail.
2.It is the submission of the learned counsel for the petitioners that petitioners are accused in Crime No.191 of 2023, for the alleged offence under Sections 294 (b), 323, 324, 427 & 506 (1) IPC. He further submitted that in a dispute with regard to fencing of the land, a false and exaggerated complaint was given against the petitioners. Therefore, he prays for anticipatory bail for the petitioners. 3.In response, the learned Government Advocate (Crl.side) submitted that on 23.06.2023, at about 2.00 p.m, defacto complainant had fenced her land in S.No.322/2 in Paagaloor village. Accused had come there and questioned her as to why she fenced the land. Then, they started to beat the defacto complainant and her son. As a result, they
suffered injuries. He further submitted that injured were treated and discharged from the hospital.
4.Considering the nature of the incident and the fact that the injured were treated and discharged from the hospital, this Court is of the view that custodial interrogation of the petitioners is not necessary and this Court is inclined to grant anticipatory bail to the petitioners and the petitioners are ordered to be released on bail in the event of their 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 No.1, Hosur, on condition that petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 shall report before the respondent police everyday evening at 6.00 p.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] 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 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. sli 02.08.2023 G.CHANDRASEKHARAN.
J.
sli 02.08.2023