Solomon Sampathkumar v. The State Rep By Its,
RMT.TEEKAA RAMAN,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 341, 324 & 506(i) of I.P.C, in Crime No. 310 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a land dispute between the petitioner and the defacto complainant. While so, when the defacto complainant constructing a compound wall in the said land, the petitioner objected to make the construction and entered into the premises of the defacto complainant and assaulted him with bricks and thereby the defacto complainant sustained injuries. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner also lodged a complaint against the defacto complainant and the injured
has been discharged from Hospital. He would further submit that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that due to land dispute between the petitioner and the defacto complainant in respect of construction of compound wall, the petitioner assaulted the defacto complainant with bricks and thereby caused injuries. He would further submit that the injured has been discharged from the hospital. However, the opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner 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, Ambattur, 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 daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[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.
11.08.2023 ata
RMT.TEEKAA RAMAN,J.
ata Crl.O.P.No.17773 of 2023 11.08.2023