Bharathidoss Ramadoss v. The Inspector Of Police

Crl.O.P.No.20781 of 2024 P.DHANABAL, J.

The petitioners apprehends arrest for the alleged offences under Section 294(b), 323 and 506(1) of IPC in Crime No.286 of 2024, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant had executed a settlement deed in favour of the first petitioner, which triggered the first petitioner's brother to set up their mother/defacto Complainant to prefer a complaint against the petitioners due to a civil dispute regarding the property.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. The petitioners have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioners.

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4.

The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that petitioners abused the defacto complainant in filthy language and also threatened her with dire consequences. However, injured was discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.

Considering the representations made by both sides and considering the nature of offences charged against the petitioners, injured was discharged from the hospital and considering that except 506(1), all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his/her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the XVIII Metropolitan Judicial Magistrate, Saidapet, Chennai -15 on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 and on 2/5

further condition that:

[a] the petitioners shall report before the Sriperumbudur police on everyday at 10.00 a.m, for a period of 30 days and thereafter, as and when required for interrogation;

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioners shall not leave India without the previous permission of the Court.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall make himself/herself available for interrogation by a police officer as and when required. [f] 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 3/5

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 petitioners thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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P.DHANABAL, J.

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