A.Saradhamani v. 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 294(b), 447, 435, 511 and 506(i) of IPC, in Crime No. 271 of 2022, seek anticipatory bail.
2. The case of the prosecution is that due to property dispute, the petitioners had intimidated and assaulted the defacto complainant with hands, resulting him in sustaining injuries. Further, the petitioners had abused the defacto complainant with filthy languages.
3. Learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that it is a case in counter and on the complaint given by one Selvaraj, a case has been registered in Crime No.271 of 2022. Hence, he seeks for anticipatory bail.
4. Learned Government Advocate (Crl.side) would submit that due
to property dispute, the petitioners had abused, intimidated and assaulted the defacto complainant with hands, resulting him in sustaining injuries. He would further submit that it is a case in counter and the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail with certain conditions.
6. 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, Tiruchengode on condition that the petitioners shall execute a 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 every day at 10.30 am 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 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].
A.D.JAGADISH CHANDIRA,J.
Shk [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
08.09.2022 Shk