Vijayan @ Salavedu Babu v. The Inspector Of Police
Crl.O.P.No.3322 of 2024 C.V.KARTHIKEYAN,J.
The petitioners/A2-A5 in Crime No.303 of 2023 registered by the respondent police for the offences punishable under Sections 147, 294(b), 506(2), 507, 509, 109 of IPC and Sections 67 and 67A of Information Technology Act, 2000 seek anticipatory bail.
2. The defacto complainant is working as IT Wing Organizer in a political party in Tamilnadu and had stated that the petitioners had threatened to assault her. It had also been stated that they also put up a comment in the face book. Objecting to the same, she had given a complaint. Each one of the four petitioners have filed separate affidavits, but Paragraph No.7 in each one of the four affidavits are the same. Let me extract Paragraph No.7 here under:
" 7. I further submit that I am no way involved in the offence for the reason stated above. I am tendering unconditional sincere apology before this Hon'ble Court and I regret for the above unfortunate incident and I also undertake that I won't mention that no prejudice will be cost in 1/5
the event of grant of anticipatory bail to the defacto complainant. I submit that I will prove my innocence during trial and I have fair chances for an order of acquittal by the learned trial court in the above case and I also undertake to furnish substantial sureties for due release on anticipatory bail and ready to abide by any condition that may be imposed by this Hon'ble Court".
3. The copies of the affidavit had also been given to the learned Government Advocate (Crl.Side).
4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:
5. Accordingly, 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 learned Judicial Magistrate, Vandavasi, Thiruvannamalai District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, 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, 2/5
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] each one of the petitioners shall file similar affidavits at the time of executing sureties before the learned Judicial Magistrate, Vandavasi, Thiruvannamalai District.
[c] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [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 3/5
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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
05.03.2024 Vv C.V.KARTHIKEYAN,J.
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Vv Crl.O.P.No.3322 of 2024 05.03.2024 5/5