M.Manoharan v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 323, 324 and 506(ii) IPC and Sections 3 and 4 of TNPPDL Act, 1992 in Crime No.614 of 2022, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that when the defacto complainant and his friends questioned the accused about the illegal quarry, the accused assaulted them by pelting stones and also threatened them with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that it is a case and case in counter registered as against the defacto complainant in Cr.No.613 of 2022. The defacto complainant and his friends have taken law into their hands and had threatened the petitioners. When the same was questioned, there arose a quarrel between the petitioners and the defacto complainant, in which the defacto
complainant assaulted the petitioners. However, the petitioners, without prejudice to their rights, they are ready and willing to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of crime No.614 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that when the defacto complainant and his friends questioned the accused about the illegal quarry, the accused assaulted them by pelting stones and also threatened them with dire consequences. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the fact that there is a counter case registered as against the defacto complainant in Cr.No.613 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.614
of 2022, within a period of two 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 Principal Sessions Judge, Salem on condition that 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 petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.614 of 2022, within a period of two weeks from the date of receipt of a copy of this order. [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 appear before the respondent police daily 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.
14.10.2022 Anu
A.D.JAGADISH CHANDIRA, J.
Anu 14.10.2022