Chinnappaiyan@Gunasekar v. State Rep.By

G.CHANDRASEKHARAN.

J.

The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 427, 506(ii) of IPC in Crime No.306 of 2023 on the file of the respondent police, seek anticipatory bail.

2. It is the submission of the learned counsel for the petitioners that first information report in Crime No.306 of 2023 for the offences under Sections 294(b), 427, 506(ii) of IPC filed against the petitioners in connection with a political rivalry. Petitioners have not committed any offence as alleged in the first information report. Thus, he prays for grant of anticipatory bail to the petitioners.

3. In response, learned Government Advocate (Criminal side) submitted that petitioners and defacto complainant are members of same party. When meeting was conducted in connection with the birthday celebration of Dr.K.Kalaingar Karunanidhi, the name of the 1st accused was not printed in the banner, therefore, the accused said to have broken

the rear glass of Scorpio car of petitioner son's friend and fish tank, window glass, light etc, abused and made criminal intimidation.

4. In the nature of the allegations made in the first information report of the case, this Court is of the view that, custodial interrogation is not necessary and the petitioners are 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.I, Tambaram on condition that the petitioners 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 petitioners 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] Petitioners are directed to pay a sum of Rs.10,000/- towards the damage caused during the incident, to the credit of the Crime No.306 of 2023 at the time of furnishing sureties.

[c] Learned Judicial Magistrate No.1, Tambaram is directed to use this amount for awarding compensation to the victim under Section 357 Cr.P.C. [d] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial. [f] the petitioners shall not abscond either during investigation or trial.

[g] On 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 petitioners 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].

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

30.06.2023 gd

G.CHANDRASEKHARAN.

J.

gd 30.06.2023