Raghubaskar v. Inspector Of Police
Crl.O.P.No.25554 of 2023 C.V.KARTHIKEYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 427, 448 and 506(ii) of IPC in Crime No.197 of 2023 on the file of the respondent, seek anticipatory bail. 2.The matter had earlier come up before this Court on 08.11.2023, on which date, an interim anticipatory bail was granted to the petitioners herein. The relevant portions of the order are extracted below:
"3. It is stated that the defacto complainant had purchased a property from the sister of the 1 st petitioner. Aggrieved by such sale, all the petitioners herein who probably were of the opinion that they also have share and that their share also had been sold, when, actually the defacto complainant sold her individual property, they 1/4
entered into the property purchased by the defacto complainant and prevented the renovation work being carried out and at that time, the quarrel escalated into violence, necessitating lodging of the complaint and registration of FIR.
4. On the side of the respondent, it is stated that all the petitioners are giving trouble to the defacto complainant from entering the said property.
5. In view of that fact, this Court is inclined to grant interim anticipatory bail to the 1 st and 4 th petitioners alone till 24.11.2023 with certain conditions. If the petitioners have any grievance, they could file a civil suit seeking appropriate relief.
6. Accordingly, the 1 st and 4 th petitioners are ordered to be released on interim anticipatory 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 XIV-MM, Egmore, Chennai, on condition that the 1 st and 4 th 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, failing which, the petition for 2/4
anticipatory bail shall stand dismissed and on further condition that:
(a). .........
(b). the 1st and 4th petitioners shall appear before the respondent police everyday at 10.00a.m., for a period of two weeks and in that time, they must give a letter of undertaking that they would not obstruct the peaceful possession of the defacto complainant. If they do not do so, the interim anticipatory bail stands cancelled. Consideration of grant of anticipatory bail of 2nd, 3rd , 5th petitioners would depend upon the undertaking letter given by the 1st and 4th petitioners.
(c). ........
(d). ........
(e). ........
(f). ........
3.It is seen that the accused had not given any Letter of Undertaking as directed. Thereafter, this Court had also directed that an affidavit must also be filed that they had complied with the conditions. There is also consistently no appearance on behalf of the petitioners. The matter had been listed under the caption 'for dismissal'. 3/4
C.V.KARTHIKEYAN , J.
smv 4.In view of the same, this Criminal Original Petition stands dismissed. The respondent is directed to take further steps in accordance with law.
13.02.2024 smv Crl.O.P.No.25554 of 2023 4/4