Vaithilingam v. The Inspector Of Police

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, 323, 324, 355 and 506(ii) of IPC in Crime No.480 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to enemity on account of the registration of settlement deed, wherein A1 was signed as witnesses and there was a quarrel during which, the accused have waylaid and assaulted the defacto complainant with wooden log and cheppal and threatened to do away the life of the defacto complainant by showing a knife and also caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and due to enmity on account of registration of settlement deed, a false case has been registered. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that thedue to enemity on account of the registration of settlement deed, wherein A1 was signed as witnesses there was a quarrel during which, the accused 1/5

have waylaid and assaulted the defacto complainant with wooden log and slippers and threatened to do away with the defacto complainant by showing a knife and also caused injuries. He would further submit that the victim alleged to have been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and the submissions made by the counsel and also the fact that the injured has discharged from the hospital, this Court is inclined to grant anticipatory bail with certain conditions.

6.

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 learned Judicial Magistrate Court-I, Ulundurpet on condition that each of the petitioners shall execute separate bonds 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:

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[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 report before the respondent police every day at 10.30 a.m., until further orders. [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.

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Vv A.D.JAGADISH CHANDIRA, J.

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