Wilson v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A4 & A5 seek anticipatory bail in Crime No.136 of 2023 registered by the respondent Police for the offences punishable under Sections 6(4) of TNSC(RDCS) order 1982, r/w 7(1) a (ii) of E.C. Act 1958.

2. It is also contended that A3 had been detained under Tamil Nadu Act 14 of 1982 and A1 and A2 had been granted bail on 21.11.2023 and 22.11.2023 respectively by the learned Judicial Magistrate No.IV, Vellore. That is the significant change in circumstances.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4. Accordingly, the petitioners shall jointly deposit a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) either by RTGS/NEFT or by Cash to the credit of Tamil Nadu Advocate's Clerk's Association, High Court Buildings, High Court, Chennai bearing Account No.: 484026006 1/4

in the Branch at Indian Bank High Court and IFSC No.: IDIB000M157. On such deposit, 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 Judicial Magistrate No.IV, Vellore, on condition that the petitioners 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 everyday at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during 2/4

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 absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN , J.

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