E Murugan v. The State Rep By Its,
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.227 of 2024 registered for the offences punishable under Sections 294(b), 447 and 506(i) of IPC, the present petition has been filed seeking anticipatory bail.
2. The case of the prosecution is that there was a landlord tenant dispute between the petitioner and the defacto complainant, due to which, the petitioner along with other accused trespassed into the house of the defacto complainant, abused him and also assaulted him. Hence the case.
3. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is innocent and due to some dispute in rental agreement, the defacto complainant has given a false complaint against the petitioner. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.
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4. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, is that it is a case and a case in counter. He further submitted that there was a landlord tenant dispute between the petitioner and the defacto complainant, due to which, the petitioner along with other accused trespassed into the house of the defacto complainant, abused him and also assaulted him. He would further submit that there is no previous case against the petitioner.
5. Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two Page No.2 of 5
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] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent Police daily at 6.30 p.m for a period of two weeks, thereafter every Saturday at 10.30 a.m. until further orders; [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 petitioner 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 Page No.3 of 5
under Section 269 of BNS.
02.12.2024 vkr Page No.4 of 5
A.D.JAGADISH CHANDIRA , J.
vkr 02.12.2024 Page No.5 of 5