M Sulthan Salavudeen v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J., The petitioners, who apprehend arrest at the hands of the respondent/Police for the offences punishable under Sections 294(b) and 506(ii) of IPC in Crime No. 184 of 2023, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant Abdul Ragman is that he had posted an article in whatsapp namely "Naveena vatti business". In view of the above, the accused had abused him with filthy language and assaulted him and had also intimidated him. Hence the complaint.

3. The learned counsel for the petitioners submitted that due to religious motive, the petitioners have been falsely implicated in this case. Hence, he would seek the grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that since the defacto

complainant had posted an article against the accused business, the accused had abused him and also intimidated him. As far as the third petitioner is concerned, he has got one previous case registered under UAP Act. Hence, he object for grant of anticipatory bail to the petitioners.

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

6. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the 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 Judicial Magistrate No.V, Coimbatore on condition that the each of the petitioners shall execute a separate 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 petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall stat at Chennai and report before the Triplicane Police every day at 10.30 a.m., for a period of two weeks and thereafter the petitioners shall report before the respondent police every Saturday at 10.30 am., until further orders. [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] 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 petitioner released on bail by the learned Magistrate/Trial Court, 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 petitioners herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

8. Accordingly, the Criminal Original Petition is ordered. 23.06.2023 mfa

A.D.JAGADISH CHANDIRA, J.

mfa 23.06.2023