P Sivasamy v. State Rep By

Crl.O.P.No.10260 of 2024 T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 447, 170 and 506(i) of IPC in Crime No.204 of 2024, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have pretended themselves as Government Officers from the Pollution Control Board and threatened the defacto complainant that they are going to shut down the factory being run without license and in violation of pollution control norms. Hence the complaint.

3. The learned counsel appearing for the petitioners would submit that these petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. Therefore, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the petitioners pretending themselves as Government Officers from Pollution Control Board, threatened the defacto complainant for running the Company

by violating the norms of the Pollution Control Board. There is no previous case pending against these petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Taking note of the facts and circumstances of the case and that there is no previous case pending against these petitioners and that they are ready to abide by any condition imposed by this court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate Court No.IV, Tiruppur, on condition that these petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 conditions that: [a] the petitioners and the sureties shall affix their 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 petitioners shall report before the respondent police every Tuesday and Saturday at 10.30 a.m., for a period of eight weeks and thereafter as and when required for interrogation;

[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 has been imposed and these petitioners are 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;

gv 29.04.2024

T.V.THAMILSELVI, J.

gv Crl.OP.No.10260 of 2024 29.04.2024