Kasi v. Sub Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioners, who apprehend arrest at the hands of the Respondent police for the offence punishable under Sections 294(b), 324 & 506(i) of IPC r/w.Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.375 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.When the matter is taken up for hearing, learned Counsel appearing for the Petitioners seeks permission of this Court to withdraw this Petition against first Petitioner, third Petitioner and fourth Petitioner and he has also made an endorsement to that effect.

3.The case of the prosecution is that on 07.09.2023, when the Defacto Complainant and his parents were trying to dig a pole through JCB in their land, the Petitioners objected the same and assaulted the Defacto Complainant with hands and wooden logs. Hence the complaint. 4.The learned Counsel for the Petitioners would submit that there was a wordy quarrel between the parties on the date of occurrence and they never assaulted the Defacto Complainant and it is a counter case. Hence, the learned counsel for the Petitioners prays for grant of anticipatory bail to the second Petitioner.

5.The learned Government Advocate (Crl. Side) for the Respondent 1/ 4

would submit that it is a case in counter. He vehemently opposed to grant anticipatory bail to the second Petitioner.

6.Heard both sides and perused the materials available on record. 7.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the nature and gravity of the offence, this Court is inclined to grant anticipatory bail to the second Petitioner with certain conditions. 8.Accordingly, the second 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, Gingee, on condition that the second Petitioner shall execute a separate bond for a sum of Rs.

[b] the second Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of 2/ 4

three weeks and thereafter as and when required; [c] the second Petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the second 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 second Petitioner in accordance with law as if the conditions have been imposed and the second 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 abscond, a fresh FIR can be registered under Section 229A IPC.

9.In view of the submissions and the endorsement made by the learned counsel for the Petitioners with regard to Petitioners 1, 3 & 4, this Criminal Original Petition is dismissed as withdrawn as against Petitioners 1, 3 & 4. 26.09.2023 sai 3/ 4

RMT.TEEKAA RAMAN, J.

sai 26.09.2023 4/ 4