M.Prabhu Manikandan v. The State Of Tamilnadu

Crl.O.P.No.23422 of 2022 A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Sections 447, 427, 294(b), 506(i) IPC and section 3(1) of Prevention of Damage to Public Property Act, 1984 in Crime No.503 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the dispute in respect of falling of overflowing water in the house of the petitioner, thereby the petitioner and others have trespassed into the house of the defacto complainant and assaulted, intimidated and caused damage to the house hold articles. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. He would submit that due to domestic quarrel between the neighbours, a false complaint has been given against him. He would prayed for grant of anticipatory bail.

4.The learned Government Advocate (crl. side) appearing for the respondent police submit that due to domestic quarrel, the petitioner and others have trespassed into the house of the defacto complainant and assaulted, 1/4

intimidated and caused damage to the house hold articles. No previous case is pending against the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate No.V, Salem, on condition that the petitioner shall execute a separate 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 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 report before the respondent Police daily at 10.30am., for a period of four weeks and thereafter on every Saturday at 10.30am., until further orders.

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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].

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

With the above directions, this Criminal Original Petition is ordered. 26.09.2022 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.23422 of 2022 26.09.2022.

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