Ramesh 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), 323, 324, 341 and 506(i) of IPC in Crime No.630 of 2022, seek anticipatory bail.
2. The case of the prosecution as per the de facto complainant is that on 15.10.2022 at about 12.00 noon, the petitioners had entered into the construction area of the de facto complainant and caused damages to the Compound Wall due to previous enmity. When it was questioned by the de facto complainant, the petitioners abused the de facto complainant and her family members with filthy language, assaulted them and threatened them with dire consequences. Hence the case.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that due to
previous enmity, a false complaint has been given by the de facto complainant. He would also submit that there is no previous case as against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, the petitioners had damaged the Compound Wall of the construction house of the de facto complainant. He would further submit that the petitioners have no previous case against them. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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 Judicial Magistrate Court-II, Ulundurpet, Villupuram District on condition that each of the petitioner 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 and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.
[b] the first to fourth petitioners/A1 to A4 shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders, the fifth and sixth petitioners/A5 & A6 shall report before the respondent police as and when required for interrogation.
A.D.JAGADISH CHANDIRA, J.
arb [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.
04.11.2022 arb