K.Kannan v. The Inspector Of Police
A.D.JAGADISH CHANDIRA,J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 341, 294(b), 447 and 506(i) of IPC, in Crime No. 34 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that due to money dispute, the petitioner along with other accused have entered into defacto complainant's company and abused him and the workers with filthy language. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner was earlier granted anticipatory bail by this Court in Crl.OP.No.5635 of 2023 vide order dated 13.03.2023. However, the petitioner was unable to surrender and execute the sureties and the earlier order got lapsed. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) would submit that this is the second bail application of this petitioner before this Court and the earlier bail application was lapsed for which, the petitioner was unable to furnish sureties. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, the submissions of either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
9. Accordingly, the petitioner is directed to deposit a sum of Rs.1,000/- (Rupees One thousand only) to the credit of Taluk Legal Services Authority attached to the Court concerned and on such deposit and production of proof, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Tambaram, 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 is directed to appear before the respondent police on 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].
A.D.JAGADISH CHANDIRA,J.
drl [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
28.06.2023 drl