V.Chandrasekaran v. State Rep By
C.V.KARTHIKEYAN, J.
The petitioner/A6, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 148, 294(b), 324, 289, 109 and 506(2) of I.P.C, in Crime No.307 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the premises owned by the present petitioner and premises owned by the de-facto complainant are adjacent property owners. The petitioner had let out the property to tenants A1 to A5. There was an issue between the petitioner and the defacto complainant regarding leakage of drainage water. When the de-facto complainant questioned about that particular aspect, the petitioner abused him in filthy language and attacked with pet dog and threw stones. Hence the case.
3. The learned Counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent submits that the accused had tried to attack the de-facto complainant and his family members relating to leakage of drainage water. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.
7. 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-II, Chengalpattu, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 on everyday at 10.30a.m., for a period of two weeks and as and when required; [c] the petitioner shall also file an affidavit before the jurisdiction Magistrate Court/Judicial Magistrate No.II, Chengalpattu, that he would take all precautions with respect to dog and ensure that he will not threaten the de-facto complainant by using dog. [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 abscond, a fresh FIR can be registered under Section 229A IPC.
23.11.2023 nvi
C.V.KARTHIKEYAN, J.
nvi 23.11.2023