Pushpa v. The State By

C.V.KARTHIKEYAN , J.

The petitioner/A4 herein seeks anticipatory bail in Crime No.291 of 2023 registered by the respondent Police for the offence under Sections 448, 294(b), 323, 324 and 506(ii) IPC.

2. The learned counsel for the petitioner stated that, he has been falsely implicated as 4th accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner.

3. It is stated by the learned Government Advocate (Criminal side) that, there is a land dispute between the petitioner and the defacto complainant and that led to the quarrel, wherein the defacto complainant was assaulted by the present petitioner along with the other accused. It is also contended that, there is a counter complaint given by the petitioner against the defacto complainant. It is further stated that, injured had been discharged from the hospital. Thus, he prays for dismissal of this petition. 1/4

4. Taking into consideration the facts and circumstances of the case, 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 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, Sankari, 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., for a period of 2/4

four weeks and thereafter, as and when required for interrogation;

[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; 05.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 05.10.2023 4/4