Krishnamoorthy v. The State Rep By Its,

Crl.O.P.No. 11061 of 2023 K.GOVINDARAJAN THILAKAVADI , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 441 & 506(1) of IPC in Crime No.634 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 06.10.2022, due to wordy quarrel arose between the petitioner and one Ravikumar, the petitioner is said to have abused him in a filthy language and also threatened him. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in the case. He would further submit that as a counter blast to his complaint, the present false complaint has been registered by the respondent police. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to wordy quarrel arose between the petitioner and one Ravikumar, the petitioner is said to have abused him in a filthy language and also threatened him. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Taking into consideration the facts and the submissions of both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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.II, Poonamallee, on condition that the

petitioner shall execute a 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 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 daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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]; and;

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

10.05.2023 nr/nti

K.GOVINDARAJAN THILAKAVADI , J.

nr/nti Crl.O.P.No. 11061 of 2023 10.05.2023