Asaithambi v. The Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 341, 323, 342, 324 and 506(ii) IPC in Crime No.254 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours. On account of disposal of garbage, there was a wordy quarrel and during the quarrel, the petitioners have abused the defacto complainant with filthy language and also attacked with machete. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners and the defacto complainant are neighbours. He would further submit that due to previous enmity, a false complaint has been foisted against them. Hence, he prays for grant of bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to enmity on account of the disposal of garbage, the petitioners have abused the defacto complainant with filthy language and also attacked him with machete . He would further submit that the injured has been discharged from the hospital. Thereby, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.Taking into consideration the facts of the case and the submissions made by the learned counsel and also of the fact that the injured has been discharged from the hospital, 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 them appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sankari, Salem District on condition that each of the petitioners shall execute separate bond for a sum of Rs.
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 stay at Cuddalore and report before the Inspector of Police, Cuddalore Old Town Police Station daily at 10.30 a.m., till 30.10.2022 and thereafter, report before the respondent Police everyday at 10.30 a.m., until further orders.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
A.D.JAGADISH CHANDIRA , J.
vkr [e] 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC;
14.10.2022 vkr