Jothi v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.312 of 2022, seek anticipatory bail.

2. The case of the prosecution is that already there was a dispute between the defacto complainant and the village people of Perungalathur Village, Arakkonam Taluk with regard to usage of pathway. Again, on 17.10.2022, there was a wordy quarrel, during which, the petitioners have abused the defacto complainant in filthy language and assaulted him with wooden log, thereby, caused injuries to him. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged and they have been falsely implicated in this case. He would further submit that the petitioners are prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that already there was a dispute between the defacto complainant and the village people of Perungalathur Village, Arakkonam Taluk with regard to usage of pathway. Again, on 17.10.2022, there was a wordy quarrel, during which, the petitioners have abused the defacto complainant in filthy language and assaulted him with wooden log, thereby, caused injuries to him. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned Government Advocate (Crl.Side), this Court is inclined to grant anticipatory bail to the petitioners 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, Arakkonam, Ranipet District, on condition that each of the petitioners shall execute 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 petitioners shall stay at Tirupathur and report before the Tirupathur Town Police Station on every Wednesday at 10.30 a.m. for a period of eight (8) weeks;

T.V.THAMILSELVI,J.

sp [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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