C. Kamalakannan v. State Rep By Its

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Section 506(i) of IPC in Crime No.522 of 2019 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioners submitted that, petitioners are innocents and they have been been falsely implicated in a case registered for the alleged offences under Section 506(i) of IPC in Crime No.522 of 2019 . Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, defacto complainant is an advocate appearing for one Anuradha. When defacto complainant visited Anuradha's house on 20.08.2019, accused, who are living in the same place had abused the defacto complainant and also made criminal intimidation. Investigation in this case is pending.

4. Considering the nature, facts and circumstances of the case and also the fact that despite the registration of FIR on 11.12.2019, till date, investigation in this case is not completed and final report is also not filed and thus this Court is inclined to grant anticipatory bail to the petitioners for the reason that custodial interrogation of the petitioners is not necessary.

5. Accordingly, 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 made ready, before the learned IX Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (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, 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 their Aadhar card or Bank pass Book to ensure their identity. [b] the 1st petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders and the 2nd petitioner shall report before the respondent police 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 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].

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

13.07.2023 sma

G.CHANDRASEKHARAN.

J.

sma 13.07.2023