Manivel v. State By

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 504, 505(1)(c) and 506(1) of IPC r/w Section 67 of Information Technology Act, 2000 in Crime No.32 of 2017, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that the petitioner abused the political party by using whats app and face book. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case He further submits that the petitioner is in no way connected with the offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the

respondent submitted that the petitioner abused the political party by using whats app and face book. He further submits that the investigation is almost completed. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioner.

5.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 petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Ulundurpet, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, 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 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;

[c] the petitioner shall report before the trial court on every Saturday at 10.30 a.m., for a period of eight weeks;

[d] the petitioner shall file an affidavit stating that he will not give any fake messages of the political party on any social media in future;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f] the petitioner shall not abscond either during investigation or trial;

[g] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions has been imposed and the petitioner 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;

T.V.THAMILSELVI, J.

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

29.04.2024 drl