Nagammal v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 427 & 506(i) of IPC in Crime No.55 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to civil dispute, the petitioners had abused the de-facto complainant in filthy language and caused damages to the house of the de-facto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that due to civil dispute a false complaint has been given as against the petitioners. He would further submit that without prejudice, each of the petitioners are ready to deposit a sum of Rs.15,000/- to the credit of the crime number and he prays for grant of anticipatory bail to the
petitioners.
4.The learned Government Advocate appearing for the respondent would submit that due to civil dispute, the petitioners had abused the defacto complainant in filthy language and caused damages to the house of the de-facto complainant. The estimated cost of the damage is Rs.1,30,000/-. Hence, opposed for grant of anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances, and also the fact that without prejudice the each of the petitioners are ready to deposit a sum of Rs.15,000/- to the credit of crime No.55 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, each of the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees fifteen Thousand only) to the credit of Crime No.55 of 2022, within a period of four weeks from the date on which the
order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate - II, Mayiladuthurai on condition that each of the petitioners shall execute a separate 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 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 each of the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Crime No.55 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall stay at Trichy and report before the
Inspector of Police, Palakarai Police Station everyday at 10.30 a.m. for a period of four weeks and thereafter appear before the respondent police everyday at 10.30 a.m., until further orders. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners 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 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
28.09.2022 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 28.09.2022