Viswanathan v. The State Rep By

RMT.TEEKAA RAMAN, J.

The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(ii) of IPC, in Crime No.223 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to land dispute, the petitioner along with other accused picked up a quarrel with the defacto complainant, during the quarrel, abused and assaulted him with hands. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioner and the defacto complainant are relatives and due to previous enmity, a false complaint has been given against him. He would further submit that he is no way connected with the alleged offence. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that there is a dispute in the poultry farm, the petitioner along with other accused picked up a quarrel with the defacto complainant, during the quarrel, abused and assaulted him with hands. Hence, he opposed for grant of anticipatory bail to the petitioner.

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

6. Taking into consideration 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 petitioner and the defacto complainant are relatives, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, 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 No.I, Walajapet, 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., for a period of four weeks; However, the petitioner shall not enter into the poultry farm which is owned by the defacto complainant in Kilvithi Village, Nemili Taluk and Ranipet District.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

08.08.2023 vkr

RMT.TEEKAA RAMAN, J.

vkr 08.08.2023