Palaniammal v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner, who is A2, in Crime No.118 of 2023 registered for the alleged offences under Sections 294(b), 323, 324 and 506(ii) of IPC on the file of the respondent police, for an occurrence which is said to have taken place on 10.08.2023, seeks anticipatory bail.

2. It is stated that the land dispute between the petitioner and the brother of the husband of the defacto complainant. It is stated that when agricultural activities were being conducted by the petitioner, the said brother of the husband of the defacto complainant had questioned and there was a wordy quarrel, which escalated into assault and violence.

3. It is stated by the learned counsel for the intervenor that the nature of injury was grievous in nature and the anticipatory bail petitions filed by the other accused were dismissed.

4. But however, taking into consideration the fact that the primary issue was with respect to the land dispute and also with a direction that the 1/4

petitioner should co-operate during the course of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pennagaram, Dharmapuri District on condition that the petitioner shall execute a 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 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;

2/4

[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; 11.10.2023 mjs 3/4

C.V.KARTHIKEYAN , J.

mjs 11.10.2023 4/4