Selvam v. Inspector Of Police

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest for the alleged offence punishable under Sections 294(b), 323, 324, 341, 427, 506(ii) of IPC in Crime No.11 of 2023, seek anticipatory bail.

2. The case of the prosecution is that on 13.01.2023, a drama for the first death anniversary of the first petitioner's mother been conducted at the scene of occurrence. The defacto complainant herein being a police personnel interfered and questioned during the conduction of the program, due which the petitioners assaulted him and threatened him with dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioners submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners are no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submits that on 13.01.2023, a drama for the first death anniversary of the first petitioner's mother been conducted at the scene of occurrence. The defacto complainant herein being a police personnel interfered and questioned during the conduction of the program, due which the petitioners assaulted him and threatened with dire consequence. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel, 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 before the learned Judicial Magistrate, Uthiramerur on condition that each of 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 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 are directed to report before the respondent police 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 absconds, a fresh FIR can be registered under Section 229A IPC.

25.01.2023 jai

T.V.THAMILSELVI, J.

jai 25.01.2023