Ramesh v. The Inspector Of Police
A.D.JAGADISH CHANDIRA , J.
The petitioners, who apprehend arrest for the alleged offences under Sections 147, 148, 341, 506(ii) of IPC r/w Section 3(1) of Prevention of Damage to Public Property Act in Crime No.401 of 2019 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to political enmity between two groups, the petitioner along with other accused have waylaid the vehicle of the defacto complainant and other members of the political party and have caused damages to their vehicles. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent person and there was a dispute between two groups in the Kakkavadi Village, they has been falsely implicated in this case. He would further submit that the alleged occurrence is stated to have been taken place in the year 2019. Hence, he prayed for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (crl.side) appearing for the respondent Police would submit that due to political enmity, the petitioners along with other accused have waylaid the vehicle of the defacto complainant and other members of the political party and have caused damages to their vehicle. He would further submit that there is no previous case pending against the petitioners and the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners as well as the learned Government Advocate (crl.side) and perused the entire materials available on record.
6. Considering the above facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7.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, Kangeyam on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 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 report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, on every Saturday at 10.30 a.m., until further orders;
[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;
18.04.2023 vkr
A.D.JAGADISH CHANDIRA , J.
vkr 18.04.2023