Raji @ Loganathan v. Inspector Of Police
RMT.TEEKAA RAMAN, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 324, 427, 379 and 506(ii) of I.P.C r/w Section 4 of Tamil Nadu Women Harassment Act, in Crime No.285 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 22.08.2023 when the petitioners were trespassed to the de-facto complainant land armed with weapons and plucked the coconut and same was questioned by the defacto complainant's father. The first accused abused and assaulted the defacto complainant's father with stick and second accused assaulted defacto complainant's sister and damaged cell phone and the third accused outraged the modesty of de-facto complainant's mother and 4 to 8 accused assaulted Ganapathy who is de-facto complainant's father's brother with stick and threatened him . Hence the case.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) for the respondent would submit due to previous enmity with regard to land dispute the petitioners abused and assaulted the de-facto complainant and injured has been discharged from the hospital. However he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, the petitioners 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 Munsif Cum Judicial Magistrate, Vikravandi Taluk, on condition that the petitioners shall execute a separate 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, 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 report before the respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required; [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.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
15.09.2023 nvi
RMT.TEEKAA RAMAN, J.
nvi 15.09.2023