Thirupathy @ Thirupathy Venkadajalamoorthy v. Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 354 & 506(i) of IPC in Crime No.324 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 10.07.2023 when the Defacto Complainant's sister, who is a blind was sitting alone in the doorstep of her house, the Petitioner came there in a drunken mode and misbehaved with her and made a criminal intimidation. Hence the complaint. 3.The learned Counsel for the Petitioner would submit that this is a second anticipatory bail Petition filed by the Petitioner and this Court by an order dated 29.09.2023 in Crl.OP.No.22399 of 2023, dismissed the earlier anticipatory bail Petition filed by the Petitioner. The learned counsel would further submit that the Petitioner was falsely implicated in this case and prays for anticipatory bail to the Petitioner.

4.The learned Government Advocate (Criminal Side) for the respondent would submit that charge sheet has been filed in this matter and the same is yet to be numbered and he opposed for grant of anticipatory bail to the Petitioner.

5.Heard the learned counsel for the Petitioner and the learned 1/ 4

Government Advocate (Crl. Side) appearing for the Respondent Police. 6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side, and the fact that charge sheet has been filed in this matter, this Court is inclined to grant anticipatory bail to the Petitioner.

7.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, Sathyamangalam, 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 Petitioner 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 Petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the Petitioner shall not tamper with evidence or 2/ 4

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 abscond, a fresh FIR can be registered under Section 229A IPC. 06.02.2024 sai 3/ 4

RMT.TEEKAA RAMAN, J.

sai 06.02.2024 4/ 4