Sathish v. State Rep.By

C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 153(A)(i)(a) of Indian Penal Code in Crime No. 22 of 2024, seek anticipatory bail.

2. It is stated that they had shared a message in their Facebook ID, which was objected to by the respondent necessitating lodging of complaint and registration of FIR.

3. In view of the fact that the entire issue will have to be examined during the course of trial, let me not enter into a detail discussion. The petitioners have also filed independent affidavits and in paragraph No. 5, they have stated as follows:- "I also hereby undertake that, I will also never share anything in future also which will amount to committing an offence and I will not involve myself in any illegal activities and I will ever be a law abiding citizen doing my best service for the society and the Nation as a whole."

4. In view of that particular fact and with a direction that the petitioners should abide by that particular undertaking given by them, this Court is inclined to grant anticipatory bail to the petitioners with

certain 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 No.I, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 this Court 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 shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, 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.

6. Similar affidavits may be filed by each one of the petitioners before the learned Judicial Magistrate No.I, Coimbatore, who may retain it on the records.

18.03.2024 vsg C.V.KARTHIKEYAN, J.

Vsg 18.03.2024