A.Thanajayan v. The State Rep By Its,
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), 509 & 506(ii) of IPC in Crime No.681 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to civil dispute, the petitioner along with other accused persons abused the de-facto complainant in filthy language and also assaulted them. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is the Secretary of the M/s. Kadalpura Manamaghizh Mandram and they are running in the premises of the de-facto complainant. There is a dispute between the petitioner and the de-facto complainant in respect of the rent and the petitioner has filed a suit in O.S.No.5556 of 2021. In order to evict the petitioner by force, a complaint has been given by the de-facto complainant and pursuant to the complaint under
the threat of arrest, the de-facto complainant had taken over the possession of the property from the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that petitioner is a tenant under the de-facto complainant and due to a civil dispute, the petitioner have abused, intimidated and also assaulted the de-facto complainant. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard the learned counsel. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 days from the date on which the order copy made ready, before the XIII Metropolitan Magistrate Court at Egmore Chennai, 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 report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter on every Saturday at 10.30 a.m., until further orders. [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.
A.D.JAGADISH CHANDIRA, J.
mpl [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 absconds, a fresh FIR can be registered under Section 229A IPC.
10.10.2022 mpl