Murugesan v. State Rep By

RMT.TEEKAA RAMAN , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 379, 427, 294(b), 324 and 506(ii) of IPC in Crime No. 365 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 22.07.2023 at about 11.30 a.m when the defacto complainant visiting his farm land the petitioner was taking sand from his land and loading it in a Bullock Cart and when the defacto complainant questioned the same, the petitioner abused him in filthy language and tried to assault him. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any condition imposed by this Court. Hence, he prays

for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate appearing for the respondent Police would submit that the petitioner is alleged to have taken sand from the defacto complainant's land by Bullock Cart. He would further submit that the petitioner has no previous case pending against him. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. In reply, the learned counsel for the petitioner would submit that the petitioner is also ready to deposit an amount of Rs.15,000/- to any welfare scheme of the Government and prays for grant of anticipatory bail to the petitioner.

6. Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has come forward to deposit an amount of Rs.15,000/- to any welfare scheme of the Government, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned and on such deposit and on receipt of proof of payments, 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 District Munsif cum Judicial Magistrate, Vanur, on condition that the petitioner shall execute a bond for a sum of Rs.

identity.

[b] the petitioner shall make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand only) by way of Demand Draft/RTGS/NEFT to the credit of the District Mineral Foundation Trust concerned.

[c]the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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];

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

25.08.2023 ata

RMT.TEEKAA RAMAN , J.

ata 25.08.2023