K.Saranraj v. State Rep By The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 153A, 504, 505(1)(b) of IPC r/w Section 109 of IPC, in Crime No.299 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that in a public meeting held by Hindu Munnani, A1 spoke dishonour about Jesus. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Based on the confession statement of A1, the petitioner has been implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that in a public meeting held by Hindu Munnani, A1 spoke dishonour about Jesus.

The petitioner herein is the organizer of the meeting. He would also submit that the petitioner has 2 previous cases against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner shall file an undertaking affidavit before the learned Magistrate concerned that he will not indulge in any similar offence any further and on such filing, 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, Sirkazhi, 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 Coimbatore and report before The Inspector of Police, Peelamedu Police Station, daily at 10.30 a.m, and 05.30 p.m, for a period of two weeks and thereafter report before the respondent police daily at 10.30 a.m, and 05.30 p.m, for a period of four 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].

G.K.ILANTHIRAIYAN, J.

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

02.08.2022 mn