Murugesan v. State Rep By

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offence under Section 341, 170, 384, 506(i) and 511 of IPC in Cr.No.593 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is doing fish trading. On 19.12.2022, he purchased fish from Maharastra and loaded the same in his Bolero pick up van. On the way to Tanjore, the petitioners and other accused have waylaid the van and they impersonated as Police officials and demanded money. When the defacto complainant refused to give the money, the petitioners and other accused assaulted him . Hence the case.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that bail has been granted to the first accused. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl. side) submits that the petitioners had impersonated as Police officials and demanded money. Hence, he opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, the stage of investigation and there is no possibility of abscondence, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Omalur on condition that totally 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 and on further condition that:

(a) the petitioners are directed to deposit a sum of

Rs.10,000/- (Rupees Ten Thousand Only) totally to the credit of M/S The Tamil Nadu Juvenile Justice Fund, A/C No.358001000000671, IFSC: IOBA0001288, MICR: 600020073, Indian Overseas Bank, SME Kilpauk Branch, Address: No.20, Ormes Road, Kilpauk, Chennai 10 (b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioners shall report before the respondent police on daily at 10.30 a.m. for a period of two months, thereafter as and when required for interrogation; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;

(f)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

T.V.THAMILSELVI, J.

jai/nti conditions have been imposed and the petitioners released on anticipatory 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

14.02.2023 jai/nti