Pasupathy v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 341 and 506(i) of IPC, in Crime No.31 of 2023, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant is an Ex-member of the Villupuram Municipality. On 16.09.2020, he had gone to the Municipality Office to participate in the tender for 78 shops constructed in the Villupuram Municipality to be held on 17.09.2020. It is further alleged that the defacto complainant approached the Corporation Commissioner to submit his application for participating in the tender, the Corporation Commissioner insisted the other accused to assault and abuse him with filthy language and threatened with dire consequences Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case due to previous enmity and political motive. He would further submit that it is a case and a case in counter. The defacto complainant along with his gang prevented the petitioner from participating in the tender and false case has been given. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) would submit that the defacto complainant had paid a sum of Rs.1,25,000/- for allotment of Shop in the Government Building and during the tender, there was a quarrel between the two groups competing in the tender. He would further submit that it is a case and a case in counter. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioner is ordered to be released on 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 No.I, Villupuram District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter every saturday at 10.30 a.m., until further orders. [c] the 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.
31.03.2023 jas
A.D.JAGADISH CHANDIRA, J.
jas 31.03.2023