Narayanan v. The State Rep By, Thiruvarur

A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 448, 294(b), 324, 307 and 506(ii) of IPC in Crime No.488 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to the dispute with regard to the construction of the house, the petitioner along with the other accused trespassed into the house of the defacto complainant, had abused him in a filthy language and assaulted the defacto complainant and his relatives with wodden log, caused bleeding injuries and threatened them with dire consequences. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and due to the dispute with regard to the construction of house, a false complaint has been lodged against the petitioner. He would further submit that the main accused in this case has

been granted bail by this Court in Crl.O.P.No.21977 of 2022 dated 22.09.2022. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) submitted that due to previous enmity, the petitioner along with the other accused had trespassed into the house of the defacto complainant, abused him in a filthy language and assaulted the defacto complainant and his relatives with wooden log and caused injuries. He would further submit that the injured has been discharged from the hospital and there is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and also taking note of the fact that the injured has been discharged from the hospital and there is no previous pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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 District Munsif cum Judicial Magistrate Court, Valangaiman, on condition that the petitioner shall execute a 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 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 stay at Chennai and report before the Inspector of Police, North Beach Police Station, every day at 10.30 AM until further orders.

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

A.D.JAGADISH CHANDIRA.J, shk [f] the petitioner 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 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]; and;

[h] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

23.09.2022 shk