E.Dinesh @ Dinesh Kumar v. Iop, Thiruvallur

A.D.JAGADISH CHANDIRA , J.

The petitioner/A24 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 149, 323, 324, 341, 447 and 506(ii) of IPC in Crime No.340 2022, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant is that due to labour dispute, the petitioner along with the other accused had trespassed into the factory of the defacto complainant and abused him and also assaulted him. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. He would further submit the defacto complainant's Company had terminated 22 employees without any valid reason, for which, the petitioner and other employees have made an agitation in a peaceful manner and in respect of the same, a false complaint has been foisted against him. Hence, he seeks for anticipatory bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that due to labour dispute, the petitioner along with the other accused had trespassed into the factory of the defacto complainant and abused him and also assaulted him. He would further submit that there is no previous case pending against him. Thereby, he vehemently opposed to grant anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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 Judicial Magistrate No.I, Thiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five

Thousand only) with two sureties 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 respondent police daily at 10.30 a.m., for a period of two weeks and thereafter every Saturday at 10.30 a.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;

19.09.2022 vkr

A.D.JAGADISH CHANDIRA , J.

vkr

19.09.2022