Radha v. State Rep By
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(i) and 379 of IPC in Crime No.71 of 2022, seek anticipatory bail. 2.The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant in respect of parking of the car and during the quarrel, they have abused and assaulted each other. Hence the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant are neighbours and due to previous enmity, a false complaint has been given against them. He would further submit that it is a case and a case in counter. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Proscutor would submit that
dispute with regard to parking of the car, the petitioners had picked up a quarrel with the defacto complainant, during the quarrel, they have abused and assaulted each other. He would further submit that there is no previous case pending against the petitioners. Hence, he opposed for grant of anticipatory bail to the petitioners.
5.Heard the learned counsel and perused the entire materials available on record.
6.Taking into consideration of the facts and circumstances of the case and also of the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Tambaram, on condition that the petitioners shall execute separate 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders. [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.
29.11.2022 vkr A.D.JAGADISH CHANDIRA, J.
vkr
29.11.2022