C.Mohan Kumar v. State Rep By

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), 324, 506(ii) of IPC, in Crime No. 529 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to civil dispute, the petitioners had abused the defacto complainant with filthy language and pelted stones on him.

3. The 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 the petitioners and the defacto complainant are neighbours. In respect of the civil dispute, there was a wordy quarrel and due to which, the defacto complainant had given a false complaint against the petitioners. Hence, he seeks for anticipatory bail.

4. The learned Government Advocate (crl.side) would submit that

the petitioners and the defacto complainant are neighbours. Due to civil dispute, the petitioners had abused the defacto complainant with filthy languages and pelted stones on him. Thereby, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and submissions made by the learned counsel, 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, Sathyamangalam, Erode District 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 first and second petitioners shall stay at Salem and report before the Salem Town Police Station daily at 10.30 am for a period of two weeks and thereafter report before the respondent police daily at 10.30 am until further orders and the third petitioner shall report before the respondent police daily 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