Sumathi v. State By The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Sections 294(b), 323 of IPC and Section 4 of TNPWH Act in Crime No.378 of 2023 on the file of the Respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 08.08.2023, one Nithyanandham, who is a TV reporter visited the house of the Defacto Complainant for measuring her house site, apprehending quarrel between the parties. At that time the Petitioners 1 to 4 had abused verbally and physically the said Nithiyanandham and Thangamani. Hence the complaint. 3.The learned Counsel for the Petitioners would submit that it is a case in counter and civil dispute was converted into a criminal case. Hence, the learned counsel for the Petitioners prays for grant of anticipatory bail to the Petitioners.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that it is a case in counter and the injured was already discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the Petitioners.

5.Heard both sides and perused the materials available on record. 1/ 4

6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the Petitioners with certain conditions. 7.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, Kangeyam, on condition that the Petitioners shall execute a separate bond for a sum of Rs.

[b] the Petitioners shall report before the Respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; [c] the Petitioners shall not tamper with evidence or 2/ 4

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 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].

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

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RMT.TEEKAA RAMAN, J.

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