M.Thanikachalam v. State Rep By

T.V.THAMILSELVI , J.

The petitioners who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 324, 506(ii) of IPC in Crime No.330 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a doing construction work and the petitioner entered into a contract for constructing the house and there was a dispute between them with regard to the terms of contract and the same was questioned by the defacto complainant, as a result of which, the petitioner abused and assaulted the defacto complainant. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is a innocent person and a false complaint has been given against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that there was a wordy quarrel between the petitioner and the defacto complainant with regard to the terms of contract which they both have previously entered. Due to which the petitioner and abused the defacto complainant with filthy language and also attacked him. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is 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, Arakonam, Ranipet District on condition that the petitioner shall execute 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 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 every saturday at 10.30 a.m., for a period of eight weeks and thereafter, appear before the trial Court on all hearing dates.

[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 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; 20.12.2022 smn

T.V.THAMILSELVI , J.

smn

20.12.2022