Thangaraj @ Dhanarasu 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, 294(b), 427 and 506(i) of IPC, in Crime No.271 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are adjacent land owners. Due to a civil dispute, the petitioners had abused the de-facto complainant and caused damages to the pipeline of the de-facto complainant. Hence the complaint.
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. However, without prejudice in order to show their bona fide, the petitioners are prepared to jointly deposit a sum of Rs.1,500/- to the credit of Crime No.271 of 2022. He would also
submit that the petitioners are prepared to comply with any stringent condition imposed by this Court and he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioners and the de-facto complainant are adjacent land owners. Due to a civil dispute, the petitioners had abused the de-facto complainant and caused damages to the pipeline of the de-facto complainant. The estimated cost of the damages is Rs.1,500/-. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances, and also the fact that without prejudice the petitioners are prepared to jointly deposit a sum of Rs.1,500/- to the credit of crime No.271 of 2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are directed to jointly deposit a sum of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the credit of Crime No.271 of 2022, within a period of three weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Dharmapuri, 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 their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall jointly deposit a sum of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the credit of Crime No.271 of 2022, before the concerned Magistrate, within a period of three weeks from the date on which the order copy made ready. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police everyday at 10.30 a.m., until further orders. [e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
11.11.2022 mpl
A.D.JAGADISH CHANDIRA, J.
mpl 11.11.2022