E.Ramesh, v. State Rep. By

P.DHANABAL,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 477, 427, 506(i) of IPC in Crime No.385 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that that the petitioner and other person are tenants under the defacto complainant and there was a tenancy dispute between them. Due to which a civil case is also pending before the Court below. This led to a wordy quarrel among them and thereafter, the quarrel escalated into violence. Hence, this petition.

3. The learned counsel for the petitioner would contend that the petitioner is a innocent and a false case has been foisted against them. He would further submit that the petitioner is no way connected with the said occurrence. Hence prays for grant of anticipatory bail to the petitioner. 4.The learned Government advocate(Crl.Side) would submit that the petitioner and other person are tenants under the defacto complainant and there was a tenancy dispute between them. He further submitted that 1/4

the there is no previous case pending against the petitioner. However, he objected to grant anticipatory bail to the petitioner. 5.Heard both sides and perused the materials available on record. 6.Considering the rival submissions on either side and considering the facts of the case, nature of offence, there is no previous case pending against the petitioner and also considering all other aspects this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

7.Accordingly, the petitioner isordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned V Metropolitan Magistrate, Egmore, Chennai 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 learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police on every Saturday at 10.30 a.m, until further orders.

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[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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