Venkatesan Venkatesh v. State Rep By

Crl.O.P.No.12335 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 324, 332, 506(ii) IPC and Section 3(1) of TNP (PD &L) Act in crime No. 254 of 2024, seek anticipatory bail.

2. The case of the prosecution is that there was dispute between the two communities regarding entering the temple. Due to which, the petitioners blocking the road and pelting stones and assaulted and caused disruption to the traffic and public, which resulted in injuring some persons including police officials and also caused damages to the police vehicles and electric lights. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner was falsely implicated in this case and the petitioner was not involved in the said offence as alleged by the prosecution. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl Side) submits that

the petitioners caused disruption to the public and also assaulted the police officials. He prays to dismiss this petition.

5. Considering the facts of the case and also the investigation is almost completed. Hence, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions:

6. Accordingly, the petitioner is 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 Judicial magistrate court, Omalur, on condition that the petitioners shall execute a 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, 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 report before the respondent police on alternative days at 10.30 a.m for a period of three months. [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.

05.06.2024 pbl T.V.THAMILSELVI, J.

pbl Crl.O.P.No.12335 of 2024 05.06.2024