Palani v. The 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 294(b) and 506(i) IPC, in Crime No.124 of 2023, seek anticipatory bail.

2. The case of the prosecution is that on 25.03.2023 at about 11.00 p.m., the petitioners threatened the defacto complainant with dire consequences by using filthy language, from various phone numbers. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. Due to intra party rivalry, in order to take political vengeance and to spoil their political carrier, a false case has been foisted against the petitioners on the instigation of the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) for the respondent police opposed for grant of anticipatory bail to the petitioners

stating that the petitioners abused the defacto complainant with filthy language and also threatened with dire consequences, through various phone numbers.

5. Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances of the case, 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 is made ready, before the learned Vth Metropolitan Magistrate, Egmore, Chennai-08 , on condition that the petitioners shall execute separate bonds 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 his Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners 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 investigation.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.04.2023 ksa-2

A.D.JAGADISH CHANDIRA, J., ksa-2 13.04.2023