Kaliyamurthy v. State Rep By

A.D.JAGADISH CHANDIRA,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 379, 427, 448 and 506(ii) of IPC, in Crime No. 280 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to previous enmity, the petitioner along with the other accused had trespassed into the house of the defacto complainant and intimidated her and also committed threat by using construction materials.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would further submit that a civil dispute was existing between the parties and the suit filed by the petitioner in O.S.No.21 of 2020 before the learned District Munsif Court, Jeyankondama was also decreed in favour of the petitioner. Thereby, in order to wreck the vengeance, the defacto complainant has given a false complaint against the petitioner. Hence, he seeks for anticipatory bail.

4. The learned Government Advocate (crl.side) would submit that due to previous enmity, the petitioner along with the other accused had trespassed into the house of the defacto complainant and assaulted the her with construction materials. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the fact of the case and the submission made by the learned counsel, this Court is inclined to grant anticipatory bail with certain conditions.

6. 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 Court, Jeyankondam on condition that the petitioner 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 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 every day at 10.30 am 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 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