Stalinkanna v. The State Rep By Its,

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 120 (b), 294(b), 447 and 506(1) of IPC in Crime No.639 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has been running an educational institute, where the defacto complainant was working and due to dispute with regard to such employment, the petitioner had defamed the de-facto complainant and also sent some of the students in the academy to threaten the de-facto complainant. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to a dispute regarding non payment of salary, a false complaint has been lodged against him after a period of five months. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that

the de-facto complainant was previously working in the academy run by the petitioner and that there was a dispute regarding non-payment of salary and the accused have defamed the de-facto complainant and had also diverted their students and harassed the de-facto complainant. He further submitted that, apart from this case, there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

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 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, Ambattur Court on condition that the petitioner shall execute separate 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 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 twice daily at 10.30 a.m. and 05.30.p.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].

A.D.JAGADISH CHANDIRA,J.

mka/vkr [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

17.10.2022 mka/vkr