Amudha v. State Rep By
T.V.THAMILSELVI, J.
The petitioners who apprehend arrest for the alleged offence under Sections 147, 148, 323, 324, 294(b) and 506(ii) of IPC in Cr.No.607 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the first petitioner is the brotherin-law of the defacto complainant and there is a dispute between them regarding the agricultural land. On 17.12.2022, at about 07.30 am, there was a quarrel, due to which the petitioners abused the defacto complainant in obscene and filthy language. Hence, the defacto complainant registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submit that initially the defacto complainant trespassed the first petitioner's land and restrained the first petitioner from entering into his own land and pushed him. He further submits that the petitioners 2, 3 and 5 are family members of the first petitioner and 4th petitioner is the village President of Ethanemili Page No.1/5
Village and a false complaint has been lodged by the defacto complainant against these petitioners. Learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl side) submits that the the petitioners and the defacto complainant are relatives and due to a dispute regarding the agricultural land, there was a quarrel, in which the petitioners abused the defacto complainant in abusive and filthy language. He vehemently oppose for granting anticipatory bail to the petitioners.
5. On considering the submissions made by the learned counsel on either side and perusing the records, 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 Judicial Magistrate, Gingee Taluk, Villupuram District, on condition that the Page No.2/5
petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 Tuesday and Sunday at 10.30 a.m. for a period of four weeks and thereafter, 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 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 Page No.3/5
[(2005) AIR SCW 5560]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
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T.V.THAMILSELVI, J.
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