Chandran @ Chandrasekar v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324, 353 and 506(ii) of IPC in Crime No.278 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on 02.08.2022 at about 11 a.m. in Attur Thasildhar Office, peace committee meeting was conducted by the officials regarding Chariot festival of Sri Mariyamman Temple of Selliyambalaiyam Village. After the peace committee meeting, outside the Thasildhar Office, one group headed by one Gopi and another group headed by one Arivalagan had a wordy quarrel. Due to which, they assaulted each others and scolded the government officials in filthy language and prevented them from discharging their duty and made a life threat to them. 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 to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to wordy quarrel, the accused persons belonging to one group assaulted the other group. They abused the government officials in filthy language and prevented them from discharging their duty. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case, 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.1, Attur, Salem District, on condition that each of the petitioners shall execute a separate 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 daily at 10.30 a.m. for a period of two weeks and thereafter 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.

[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 abscond, a fresh FIR can be registered under Section 229A IPC.

26.08.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl 26.08.2022