Kathambam v. The Inspector Of Police
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 341 and 353 of IPC, in Crime No.279 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and other accused assembled in front of a School at Attur-Salem National Highways, for agitation and road rocco and raised slogans for taking necessary action against the persons who are all disturbing the peace committee meeting conducted in connection with the celebration of Selliyambalayam Village Temple festival. It is also alleged that the petitioners and other accused prevented the Government officials from discharging their duties. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that there are totally 30 accused in which the petitioners are arrayed as A1 to A5, A6 to A10, A13, A14, A15, A17, A18, A19 to A23 and A24 to A30. The petitioners along with other accused assembled in front of a School at Attur-Salem National Highways, for agitation and road rocco and raised slogans for taking necessary action against the persons who are all disturbing the peace committee meeting conducted in connection with the celebration of Selliyambalayam Village Temple festival. The petitioners along with other accused also prevented the Government officials from discharging their duties. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Attur, Salem District, on condition that
each of 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] the petitioners shall report before the respondent police as and when required for interrogation.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
G.K.ILANTHIRAIYAN, J.
mn [e] 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
23.08.2022 mn