S.M.Thiyagarajan v. The Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioners (A1 to A3) seek anticipatory bail in Crime No.138 of 2024, registered by the respondent police for the offences punishable under Sections 448, 427, 354 and 506(i) of IPC.

2. The petitioners 2 & 3 are not accused in the above mentioned crime number. Hence, this petition is dismissed as against the petitioners 2 & 3.

3. The case of the prosecution is that the first petitioner and father-in-law of the defacto complainant were partners in a chit company. The father-in-law died. It is stated that with respect to the various transactions relating to the chit business, a complaint had been made by the defacto complainant about threat made by the first petitioner.

4. Taking all the factors into consideration, I am inclined to grant anticipatory bail to the first petitioner subject to the following

conditions:

4.Accordingly, the first petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate/Additional Mahila Court, Salem on condition that the petitioner shall execute a bond 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the first petitioner 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 first petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the first petitioner shall not tamper with evidence or witness

either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

5. In the result, the Criminal Original Petition is ordered in respect of the first petitioner. Insofar as the petitioners 2 & 3 are concerned, this petition is dismissed.

11.03.2024 rli

C.V.KARTHIKEYAN,J.

rli 11.03.2024