Jayakumar v. The Inspector Of Police
A.D. JAGADISH CHANDIRA , J.
The petitioners who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b) and 353 of IPC in Crime No.188 of 2022, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant who is a Village Administrative Officer is that he along with other Officers of the Revenue Department were taking statistics for issuance of patta. At that time, the petitioners have abused the defacto complainant and other officers and prevented them from discharging their official duty. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the Revenue Officer demanded money from the people for grant of patta and when it was objected to by the petitioners, a false complaint was registered against them. He would further submit that the petitioners are Social Welfare Officers and no previous case is pending against them. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) would submit that the petitioners have abused the defacto complainant and other Officers of the Revenue Department, when they were taking list of members eligible for patta. He would further submit that there is no previous case of pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail with certain conditions.
6. Accordingly, the petitioners are 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, Harur, Dharmapuri District on condition that the petitioner shall execute seperate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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., until further orders. [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 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].
A.D.JAGADISH CHANDIRA , J.
vkr/mka [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
14.10.2022 vkr/mka