Kakka @ Vasanth 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, 148, 294(b), 324, 506(ii) of IPC and Section 3 of TNPPDL Act 1992 in Crime No.196 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity regarding catching of fish and its tender, the petitioners had waylaid the defacto complainant and his family members, abused them in filthy language and also assaulted the defacto complainant with iron rod. Due to which, he sustained injuries. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to previous enmity, a false complaint has been given against them. He would further submit that the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that due to previous enmity regarding catchment of fish and its tender, the petitioners had waylaid the defacto complainant and his family members, abused them in filthy language and also assaulted the defacto complainant with iron rod. Due to which, he sustained injuries. He would further submit that the injured has been discharged from the hospital and there is one previous case pending against A1/first petitioner herein. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard the learned counsel. Taking into consideration of the fact that A1/first petitioner herein has got one previous case, this Court is not inclined to grant anticipatory bail to the first petitioner/A1. As far as other petitioners are concerned, this Court is inclined to grant anticipatory bail with certain conditions.
6. Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance, within a period of
fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arcot, Ranipet District, on condition that the petitioners 2 to 4 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 2 to 4 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 2 to 4 shall report before the respondent police everyday at 10.30 a.m., until further orders.
[c] the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 2 to 4 shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate
action against the petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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 abscond, a fresh FIR can be registered under Section 229A IPC.
17.10.2022 vkr
A.D.JAGADISH CHANDIRA, J.
vkr 17.10.2022