A.Rossariyo v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 420 and 506(2) of IPC in Crime No.159 of 2022, seeks anticipatory bail.

2. There are totally six accused, in which the petitioner is arrayed as A2. The case of the prosecution is that A1 borrowed a sum of Rs.55,00,000/- from the defacto complainant and the petitioner/A2 is the guarantor of with respect to the tune of Rs.10,00,000/-. When the defacto complainant demanded the money, A1 along with the other accused persons abused the defacto complainant in filthy language and threatened him with dire consequence. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he is no way connected with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Even according to the prosecution, the petitioner stood as a guarantor for the loan borrowed by the 1st accused. Thereafter the 1st accused refused to return the amount. When the defacto complainant demanded the money, which was borrowed by A1, the petitioner along with other accused had threatened the defacto complainant with dire consequences.

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 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 is made ready, before the learned Judicial Magistrate No.I, Ulundurpet, 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 report before the respondent police daily at 10.30 a.m. for a period of three 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].

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

16.08.2022 Lpp G.K.ILANTHIRAIYAN, J.

Lpp 16.08.2022