V.L.Arumugam v. State Rep.By

C.V.KARTHIKEYAN , J.

The petitioners' herein seeks anticipatory bail in Crime No.547 of 2023 registered by the respondent Police for the offence under Sections 294(b), 323, 324, 427 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

2. The learned counsel for the petitioners stated that, the petitioners have been falsely implicated in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioner's.

3. It is stated by the learned Government Advocate (Criminal side) that on 28.09.2023, the Defacto Complainant and his family had tried to plant trees in a disputed property which led to a quarrel and escalated to violence. Thus, he prays for dismissal of this petition.

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

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5.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 District cum Judicial Magistrate, Cheyyur, on condition that the petitioner's 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] (i) the petitioners 1 and 3 shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required;

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(ii) the 2nd petitioner shall appear before the respondent police as and when required for interrogation.

[c] the petitioner's shall not tamper with evidence or witness either during investigation or trial; [d] the petitioner's 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's in accordance with law as if the conditions have been imposed and the petitioner's 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; 12.10.2023 gd/spp C.V.KARTHIKEYAN , J.

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