Sarathi v. State Rep By

Crl.O.P.No.10592 of 2022 G.CHANDRASEKHARAN, J.

The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 384 and 506(i) IPC in Crime No.164 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/A.3 along with A.1 and A.2, have alleged to have demanded commission of Rs.55/- per paddy sack from the defacto complainant for selling his 40 paddy sacks and when the defacto complainant refused to pay the commission, the petitioner along with co-accused alleged to have disconnected electricity connection and threatened with petrol stating that the paddy would be destroyed by setting fire.

3. The learned counsel for the petitioner submits that no allegation is made against the petitioner in the first information report. True it is that no specific allegation is made against the petitioner.

4. In view of the above, this Court is of the view that the custodial 1/4

interrogation of the petitioner is not necessary. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Judicial Magistrate No.II, Chidambaram on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-only (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 and on further condition that:

(a)the petitioner and the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders. (d)the petitioner shall not abscond either during investigation or trial;

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(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 has 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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G.CHANDRASEKHARAN, J.

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