Devendiran v. Inspector Of Police

V.SIVAGNANAM, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 294(b) and 506 (i) IPC in Crime No.not known of 2023 on the file of the Respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the Petitioner threatened the Defacto Complainant and scolded him in filthy language through mobile. Hence the complaint. Due to which CSR No.149 of 2023 was registered and summon was issued on 22.07.2023.

3.The learned Counsel for the Petitioner would submit that there is financial transaction between him and the Defacto Complainant. When the Petitioner demanded his money through mobile, the Defacto Complainant evaded the same and gave false complaint against him. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner. 4.The learned Government Advocate (Crl. Side) for the Respondent would submit that in this matter, C.S.R.No.149 of 2023 is pending and FIR is not registered yet. He is vehemently opposed to grant anticipatory bail to the Petitioner.

5.Heard both sides and perused the materials available on record. 1/ 4

6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the fact that the CSR is pending in this matter and FIR is not registered yet, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.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 made ready, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required;

[c] the Petitioner shall not tamper with evidence or 2/ 4

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

14.08.2023 sai/spp 3/ 4

V.SIVAGNANAM, J.

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