Aravindan v. State Rep.By
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 447, 294(b) and 506(ii) IPC, in Crime No.151 of 2023, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution as per the defacto complainant who is the Union Secretary of Mannarkudi West is that on 04.03.2023, when the defacto complainant was participating in the Private employment opportunity meeting arranged by the Government at the Government Arts College, the petitioner along with other accused came there with T.Shirts printed with their party symbol and canvassed the students to cast their votes to their party and when the defacto complainant questioned the same, the petitioner abused him with filthy language and attempted to attack him with Aruval and also threatened him with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and another case in Crime No.152 of 2023 on the same day due to political motive. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent vehemently opposed for grant of anticipatory bail to the petitioner stating that the petitioner is a habitual offender against whom there are 8 previous cases pending.
5. At this juncture, the learned counsel for the petitioner would submit that most of the cases are registered on account of political animosity. However, he would submit that the petitioner is ready to stay away and also ready to abide by any stringent condition that may by imposed by this Court.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the FIR.
7.Taking note of the facts and circumstances of the case and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
8.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Mannargudi, Thiruvarur District, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, everyday at 10.30 a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner in accordance with law as if the conditions have 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 08.06.2023 ksa-2
Copy to:
Inspector of Police, Flower Bazaar Police Station, Chennai.
A.D.JAGADISH CHANDIRA, J., ksa-2 08.06.2023