A.Kalaiyarasan v. State Rep By

Crl.OP.No.18670 of 2022 Dr.G. JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 509 and 506(i) of IPC in Crime No.Not Known of 2022 on the file of the respondent police, seek anticipatory bail.

2. The learned Additional Public Prosecutor states that the petition enquiry is pending against the petitioner on the complaint given by one R.Girija on 25.07.2022. The respondent police has assigned CSR.No.872 of 2022.

3. The petitioner is not co-operating for the investigation and if the petitioner co-operates, they will necessitate to arrest the petitioner unless and until cognizable offences is made out.

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4. Taking note of the facts and circumstances and the submissions made by the learned Additional Public Prosecutor and the nature of the complaint pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pallipattu on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(c) the petitioner shall report before the Investigation Officer daily at 10.30 a.m., until further orders ;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial; (e)the petitioners shall not abscond either during investigation or trial;

(f)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 are 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 (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. Vv 08.08.2022 3/4

Dr.G.JAYACHANDRAN.,J.

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