Asaithambi v. Inspector Of Police

C.V.KARTHIKEYAN, J.

The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 448 and 506(i) of I.P.C, in Crime No.533 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the de-facto complainant is an Advocate. The third petitioner herein, is the landlord of the shop which was given on tenancy to one Ramesh. The said Ramesh had sublet to another person without knowledge and dispute arose. The de-facto complainant tried to mediate and the dispute accelerated into violence leading to lodging of the complaint and registration of the F.I.R. Hence the case.

3. The learned Counsel for the petitioner would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent submits that dispute arose between the petitioner and the defacto complainant tried to mediate and dispute which accelerated into violence. 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 petitioners.

7. 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 on which the order copy made ready, before the learned Judicial Magistrate, Tittagudi, on condition that the petitioners 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 petitioners 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 3rd, 4th and 5th petitioners shall report before the respondent Police, on everyday at 10.30 a.m., for a period of two weeks and the 1st and 2nd petitioners shall report before the respondent Police once in a week i.e., on every Saturday at 10.30 a.m., for a period of two weeks;

[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 [(2005)AIR SCW 5560].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

06.12.2023 nvi

C.V.KARTHIKEYAN, J.

nvi 06.12.2023