Nelson v. State Rep By
A.D.JAGADISH CHANDIRA,J.
The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 323, 294(b) and 506(i) of IPC in Crime No. 383 of 2017, seek anticipatory bail.
2. The case of the prosecution is that on 10.03.2017, while the defacto complainant was drying the washed clothes, the drained water fell in the wall of the petitioners house. Due to which, the petitioners abused the defacto complainant and her daughter in a filthy language and also threatened and assaulted them. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the occurrence is said to have taken place in the year 2017. He would further submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) for the respondent police would submit that the petitioners and the defacto complainant are neighbours. During the quarrel, the petitioners have
assaulted the defacto complainant with bucket and hands. He would further submit that in this case, investigation has been completed and final report has also been filed and it is yet to be taken on file. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, 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 Court-II, Poonamallee on condition that petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners shall report before the learned Judicial Magistrate-II, Poonamallee daily at 10.30 a.m. for a period of one week and thereafter on the dates fixed by the learned Magistrate. [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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
19.09.2022 nr
A.D.JAGADISH CHANDIRA,J.
nr 19.09.2022