Yesuratchagar 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 147, 148, 294(b), 323, 324, 447, 354, 488 and 506(ii) IPC in Crime No.68 of 2022, seek anticipatory bail.
2. The case of the prosecution, as per the defacto complainant, is that due to a financial dispute, the accused had abused him and his family members and intimidated them and also abused the women folk in the house. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that it is a case and a case in counter and a false complaint has been given against the petitioners based on a previous enmity. He would submit that the first petitioner has also given a complaint against the defacto complainant, which has also been registered in Cr.No.69 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that due to previous enmity and on account of a financial dispute, the accused have abused the defacto complainant and his family members, including the women folk. He would further submit that it is a case and a case in counter. However, he opposed for grant of anticipatory bail to the petitioners.
5. The learned counsel appearing for the defacto complainant/Intervenor would submit that the first petitioner is a counsellor, taking advantage of his position had abused the family members of the defacto complainant and also intimidated the women folk in the house. Hence, he vehemently opposed for grant of anticipatory bail.
5. Considering the facts and circumstances of the case and the submissions, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in
the event of arrest or on their appearance, before the learned Judicial Magistrate, Sankarapuram, Villupuram on condition that the petitioners shall execute a separate 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] petitioners 1, 2, 3, 4, 5, 8, 9, 10, 11, 12 and 14 shall stay at Chennai and report before the North Beach Police Station for a period of four weeks and thereafter report before the respondent police on every Saturday at 10.30 a.m., until further orders. The petitioners 6, 7, 13 and 15 shall stay at Chennai and report before the North Beach Police Station daily at 10.30 a.m., for a period of two weeks and thereafter report before the respondent police on every Saturday at 10.30 a.m., until further orders.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
28.10.2022 Anu A.D.JAGADISH CHANDIRA, J.
Anu
28.10.2022 (3/4)