S Kaushik v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 153, 504, 505

(1) (b) and 505 (ii) IPC, in Crime No.220 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the submission of the learned counsel for the petitioner that petitioner is one of the Director of an online news and views portal called "The Commune". Petitioner is also an accused in Crime No.220 of 2023, registered for the offence under Sections 153, 504, 505 (1) (b) and 505 (ii) IPC. He further submitted that first accused S.G.Suryah was granted anticipatory bail on 17.07.2023, in Crl.O.P.No.15450 of 2023. Petitioner is also similarly placed like the first accused and thus, seeks anticipatory bail for the petitioner.

3.Considering the fact that the first accused was already granted anticipatory bail on 17.07.2023, in Crl.O.P.No.15450 of 2023 and that petitioner is also similarly placed like the first accused, this

Court is of the view that custodial interrogation of the petitioner is not necessary and this Court is inclined to grant anticipatory bail to the petitioner. Therefore, 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 - II, Chidambaram, 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 Cyber Crime Branch, Chennai for next 20 days daily at 10.00 a.m. and 05.00 p.m. and thereafter before the

Chidambaram Police Station daily at 10.00 a.m. and 05.00 p.m. until further orders;

[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. 26.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 26.07.2023