Illiyas v. The State By Tamil Nadu

P.DHANABAL , J.

The petitioner / A-8 seeks anticipatory bail in Crime No.719 of 2024 registered by the respondent Police for the offences under Sections 294(b), 386 and 506(ii) IPC.

2. The case of the prosecution is that the defacto complainant had given a complaint on 22.07.2024 to the respondent police that he has been undertaking construction business and during the course of the said business, the petitioner and others had approached him and sought for "Maamul" in the name of rowdy element named Sambo Senthil. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner is an Advocate by profession and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him to defame him. He further submitted that there is a delay in registering the FIR. Hence, he prayed for grant of anticipatory bail to the petitioner.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is arrayed as A8. On the instigation of A1, the petitioner sought for "Maamul" from the defacto complainant. He further submitted that there is no previous case pending against the petitioner.

5. Considering the submissions of both sides and taking into consideration the fact the co-accused were already released on bail and also the fact that there is a delay in registering the FIR and considering the nature of offence, I am 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 made ready, before the learned XV Metropolitan Magistrate, G.T at Chennai, on condition that the petitioner 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 2/5

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 Jurisdictional Judicial Magistrate for a period of one month on all working days 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;

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P.DHANABAL,J.

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