Paramasivam @ Ajax Paramasivam v. The Inspector Of Police

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 294(b), 153(A), 153(1), 505(1)(b) and 505(2) IPC in Crime No.323 of 2024, on the file of the respondent police, seek anticipatory bail.

2. Learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. They were implicated in this case due to political motive. He further submitted that the petitioners are ready to abide by any condition that may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that on 13.04.2024, at about 08.00 p.m., the defacto complainant namely Karthikeyan, who is the District representative of ruling political party lodged a report before the respondent police stating that, when he along with some others were doing election work, petitioners spoke

unparliamentary words against the former Chief Minister in public place and thereby caused nuisance. He further submitted that, they also a video to that effect. The investigation in this case is almost completed. However, he vehemently opposed for the grant of anticipatory bail to the petitioners. 4.Taking into consideration the facts of the case and the submissions made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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, Thiruvottiyur, on condition that the petitioners shall execute a 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 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 Court concerned may obtain a copy of their Aadhar card or

Bank pass Book to ensure their identity;

[b] the petitioners shall report before respondent police alternative days at 10.30 a.m, for a period of two months and thereafter, as and when required for interrogation;

[c] the petitioners are further directed to file an affidavit before the concerned Magistrate that, he will not indulge in similar offence in the future.

[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 has been imposed and the petitioners is 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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

07.06.2024 gd

T.V.THAMILSELVI,J.

gd 07.06.2024