Mani v. State Rep By Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 and 506(1) of I.P.C, in Crime No.262 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to land dispute, the petitioner assaulted and attacked the defacto complainant. Hence the case.

3. The learned Counsel for the petitioners would submit that the petitioners are innocent persons and due to previous enmity regarding land dispute, a false complaint has been given against them. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to previous enmity regarding land

dispute, the petitioner assaulted and attacked the de-facto complainant. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record including the FIR.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

7. 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 No.1, Vellore on condition that the petitioners shall execute a separate 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 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 first petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and the second petitioner shall report before the respondent Police on every Saturday at 10.30 a.m., for a period of two weeks and the third petitioner shall report before the respondent Police as and when required;

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

05.10.2023 nvi

C.V.KARTHIKEYAN , J.

nvi 05.10.2023