N.Alexander And Others vs State

G.Ilangovan, J

The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 427 and 506(ii) of IPC in Crime No.111 of 2023, on the file of the respondent police, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant version is that over a land issue between himself and the petitioners herein, who are brothers and sister, enmity exists. On the particular date on 28.7.2023, in respect of the issue, the petitioners alleged to have caused damage to the house and criminally intimidated the defacto complainant. Hence the complaint.

The learned counsel for the petitioners would submit that it is a case, case in counter. On a complaint given by the petitioners, Crime No.112 of 2023 has also been registered. But the FIR is not available.

The learned Additional Public Prosecutor would submit that trouble has arisen between the siblings over a land dispute. Counter case has also been registered.

Considering the facts and circumstances of this case and also the fact that a trouble has arisen between the brothers and sister over a property dispute, this Court is inclined to grant relief to the petitioners. The petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.111 of 2023 before the learned Judicial Magistrate, Alangudi, for the damage caused by them to the defacto complainant's house.

On such deposit, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Alangudi, on condition that the petitioners shall execute a 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.