Nanchil C Manoharan @ Manoharan v. State By

Crl.O.P.No.29120 of 2023 P.DHANABAL, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 385 & 506 (i) of IPC in Crime No.573 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the the petitioner threatened the defacto complainant, who is is running a construction company, while working on removal of excess soil for construction of foundation front flat. Hence, the complaint.

3. The learned counsel for the petitioners would contend that there is no previous case and no one is injured and due to previous enmity between the petitioners and the defacto complainant, they are falsely implicated by the respondent police in the case. hence he seek anticipatory bail.

4. Heard both sides and perused the materials placed on record.

5. Considering the rival submissions on either side and considering the fact that the nobody was injured and there is a property dispute between the parties and also considering the fact the nature of offences, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Alandur, on condition that the petitioner 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 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 petitioners shall report before the respondent police on every Saturday 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 [(2005)AIR SCW 5560].

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

28.12.2023 dhk

P.DHANABAL, J.

dhk Crl.O.P.No.29120 of 2023 28.12.2023