K.Nagamohana Gandhidass v. State By The Inspector Of Police

RMT.TEEKAA RAMAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 182, 294(b), 442, 454, 503 of IPC in Crime No.150 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant's mother staying at the petitioner/accused house for rental from 2021. At the time of 2021 covid period complainant's mother did not return to petitioner's house due to lock down from Coimbatore. At that time the owner of house threatened to vacate the house and also trespassing into house. Hence the complaint.

3. The learned counsel for the petitioner would submit that petitioner is an innocent person and he is falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to land dispute, the de-facto complainant filed the above case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6.Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court have a view that whether 503 of I.P.C is applied or not has to be verified by the learned Judicial Magistrate, Kurinjipadi and this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Kurinjipadi, on condition that the petitioner shall execute his own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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., until further orders;

[c] the petitioner 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 18.08.2023 nvi

RMT.TEEKAA RAMAN , J.

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