G.Ashok Kumar @ Ashok v. The State Rep By Its,

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 506(i) of Indian Penal Code in Crime No.742 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are neighbors and there was a dispute in between them regarding acquisition of land and there arose a wordy quarrel between the petitioners and the defacto complainant

3. The learned counsel for the petitioner would submit that the petitioner was already granted anticipatory bail by this Court in Crl.O.P.No.19724 of 2021 dated 25.10.2021. However, due to financial problems, he was unable to execute the sureties and thereby order got lapsed. Hence, he seeks for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that, the petitioner was already granted anticipatory bail by this Court in Crl.O.P.No.19724 of 2021 dated 25.10.2021 and he has not complied

with the conditions imposed by this Court. While being so, the respondent has completed the investigation. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail with certain conditions.

6. Accordingly, petitioner shall pay a sum of Rs.1,000/- (Rupees Thousand only) as cost to the District Legal Services Authority, Chennai and on such payment,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-II, Alandur, Chennai on condition that the petitioner shall execute a 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 petitioner shall pay a sum of Rs.1,000/- (Rupees Thousand only) as cost to the District Legal Services Authority, Chennai and the acknowledgment for the same shall be produced before the learned Magistrate concerned at the time of execution of bond. [c] the petitioner shall report before the respondent police as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

A.D.JAGADISH CHANDIRA,J.

Sma [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

21.11.2022 Sma