Kannadasan v. State Rep By
T.V.THAMILSELVI, J.
The petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 352, 427, 379, 506(i) IPC (NP) in Cr.No.316 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant is that on 11.09.2022, the petitioners along with others demanded money from him and when the same was refused, the petitioners and others trespassed into the defacto complainant's house and caused damage to the articles and taken away cash of Rs.1,00,000/- and 5 1⁄2 Sovereigns of gold. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that the defacto complainant and the accused are neighbours and there was a dispute between them, due to which a false complaint has been given against the petitioner. Hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners along with others demanded money from the defacto complainant. When the same was refused, the petitioners and others trespassed into the defacto complainant's house and caused damage to the articles and taken away cash of Rs.1,00,000/- and 5 1⁄2 Sovereigns of gold. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions, this Court is inclined to grant anticipatory bail to the petitioners.
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 of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Vedaranyam 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 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 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 Court concerned 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 every Wednesday at 10.30 a.m. for a period of three months and thereafter, appear before the trial Court on all hearing dates.
(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 anticipatory 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
16.12.2022 anu
T.V.THAMILSELVI, J.
anu 16.12.2022