Cyril v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioner herein seeks anticipatory bail in Crime No.211 of 2023 registered by the respondent Police for the offence under Sections 448, 427 and 506(1) IPC.

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

3. The learned Government Advocate (Criminal side) stated that, petitioner who is the owner of the premise at No.17, City Link Road, SBI Colony, Adambakkam, Chennai-600 088 measuring 1200 sq.ft, had leased out the same to the defacto complainant for monthly rent of Rs.50,000/- in the year 2015. There was a dispute with payment of rent which led to quarrel and later escalated into violence and assault. Petitioner damaged the articles of the defacto complainant. Thus, he prays for dismissal of this petition. 1/4

4. Taking into consideration the allegations and the fact that there are rental dues payable by the defacto complainant, 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, Alandur, 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 one week and thereafter as and when required for interrogation. 2/4

[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;

13.10.2023 gd 3/4

C.V.KARTHIKEYAN , J.

gd 13.10.2023 4/4