M.Srinivasan v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 448, 324 and 506(ii) of IPC in Crime No.453 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to enmity on account of the property, the petitioner has trespassed into the house of the defacto complainant, abused and assaulted him resulting in him sustaining injuries. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are brothers and there was a civil dispute pending between both the families in O.S.Nos.471 of 2021 and 521 of 2022. Due to which, a false complaint has been foisted against him. Hence, he seeks for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner and the defacto

complainant are brothers and due to property dispute, the petitioner has trespassed into the house of the defacto complainant, abused and assaulted him resulting in him sustaining injuries. He would further submit that the injured has been discharged from the hospital and thereby, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel and perused the entire materials available on record including the First Information Report. 6.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Alandur on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner 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 petitioner in accordance with law as if the conditions have been

imposed and the petitioner 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;

31.10.2022 vkr A.D.JAGADISH CHANDIRA , J.

vkr 31.10.2022