Sivakumar v. State Rep By
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 447 and 506(i) of IPC and Section 3 of TNPPDL Act in Crime No.501 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 19.11.2022, the petitioners along with others had abused and threatened the defacto complainant due to wordy quarrel with regard to land dispute. Hence, a case has been registered by the respondent police.
3. The learned Counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners. Page No.1/5
4. The learned Government Advocate (Crl.side) for the respondent police submitted that there was a land dispute between the petitioner's family and the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. The learned counsel for the intervenor would submit that one Mohanlal gave power of attorney in favour of the defacto complainant. He would further submit that the petitioners were interrupted when the defacto complainant made arrangements in order to fence his property. 6.Considering the facts and circumstances of the case and also the fact that the suit between the parties is civil in nature, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Alandur on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for Page No.2/5
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 1 to 5 are directed to report before the respondent police on every Saturday at 10.30 a.m., for a period of four weeks and thereafter, appear before the Trial Court on all hearings without fail and the petitioners 6, 7 and 8 are directed to report before the respondent police as and when required for interrogation. [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 Page No.3/5
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.
05.12.2022 nr Page No.4/5
T.V.THAMILSELVI, J.
nr Crl.O.P.No. 29442 of 2022 05.12.2022 Page No.5/5