Umeshwari @ Uma v. The State Represented By
RMT.TEEKAA RAMAN,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 147, 294(b), 323, 427 & 506(i) of IPC, in Crime No.236 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant while fixing cement post in his land comprised in Survey No.23/2, the petitioners herein have plugged out the cement posts and immediately, when the defacto complainant questioned the same, the petitioners abused the defacto complainant and his mother in filthy language and assaulted them with sticks. 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. He would further submit that due to land dispute between the defacto complainant and the petitioners, a false complaint has been
given. He would further submit that it is a case of civil dispute and the petitioners are the absolute owners of the said properties and they had obtained patta in their name and constructed building after obtaining sanctioned plan. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that due to land dispute between the petitioners and the defacto complainant, the petitioners abused the defacto complainant and his mother in filthy language and assaulted them with sticks, thereby caused injuries. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the submission of the learned Government Advocate and also 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate-I, Poonamallee, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 on every Saturday 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.
[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.
20.09.2023 ata
RMT.TEEKAA RAMAN,J.
ata 20.09.2023