Narayanan T v. State

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 294(b), 353, 506(i), 269 & 270 of IPC r/w.Section 51(i)(b) of the Disaster Management Act, 2005 and Sections 2 & 3 of the Epidemic Diseases Act, 1897 in Crime No.408 of 2021 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 15.08.2021, the party cadres were attempting to hoist the national flag, during which there was a wordy quarrel between the other named accused in the FIR and the Inspector of Police. Hence the VAO had preferred a complaint narrating the above incident to the Superintendent of Police.

3.The learned Counsel for the Petitioner would submit that earlier this Petitioner filed Crl.MP.No.4495 of 2021 before the learned Principal Sessions Judge, Chengalpattu, seeking for an anticipatory bail, the same granted on 02.09.2021 but due to COVID-19 situation, the Petitioner was not able to comply with the conditions imposed therein. 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 case, charge sheet has already been filed. He 1/ 4

vehemently opposed to grant anticipatory bail to the Petitioners. 5.Heard both sides and perused the materials available on record. 6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the nature and gravity of the offence, 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 Judicial Magistrate II, Madhuranthakam, 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 2/ 4

thereafter as and when required;

[d] the Petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the Petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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