Surya Bharathy v. The State Rep By

DR.JAYACHANDRAN, J., The petitioners, who apprehend arrest for the alleged offences punishable under Sections 147, 341, 294(b), 323, 188, 353 and 506(1) of IPC and Section 56 G(2) Tamil Nadu District Municipalities Act, 1920, [171-F (Part-II)] in Crime No.208 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The First Information Report indicates that during the local body election, altercation arose between two political party leading to assault by hands and exchange of abusing language near the polling booth led to registration of complaint in Crime No.208 of 2022 given by S.S.I near the polling booth.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners. 4.Considering the nature of the offence, this court is inclined to 1/4

grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kancheepuram on condition that the each petitioner shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled 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 Court concerned 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 daily at 10.30 a.m until for further orders 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;

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(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]; and;

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

28.02.2022 rpl DR.G.JAYACHANDRAN,J.

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rpl 28.02.2022 4/4