Radhakrishnan v. The State Rep By

P. DHANABAL.J., The petitioners / Accused 1 & 2 who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 294(b) and 506(i) of IPC in connection with the Cr. No.210 of 2024, seeks anticipatory bail.

2. The case of the prosecution is on 19.12.2023 at about 11 a.m., due to the previous enmity, the accused abused the defacto complainant and his family in filthy language and threatened with dire consequences. Hence the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons, that they have not committed any offence as alleged by the prosecution and that they are ready to abide by any condition imposed by this Court. Hence he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police would contend that due to the previous enmity with regard to usage of common path, the petitioners abused the defacto

complainant and his family in filthy language and threatened with dire consequences and hence he objected for the grant of anticipatory bail to the petitioner. Further he submitted that there is no previous case pending against the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the arguments putforth on either side, considering the nature of offences charged against the petitioners, considering the fact that except Section 506(i) of IPC, the other offence is bailable in nature and considering the absence of bad antecedents against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.II, Alandur, Chennai on condition that the petitioners shall execute a 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 learned Magistrate concerned and on further condition that: [a] the petitioners shall report before the respondent police on every Saturday at 10.00 a.m. for a period of 4 weeks and thereafter as and when required for investigation.

[b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[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 petitioners 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 269 B.N.S.2023.

11.09.2024 mjs To 1.The Judicial Magistrate Court No.II, Alandur, Chennai 2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Perumbakkam Police Station, Tambaram city. P.DHANABAL,J mjs

CRL O.P. No.22196 of 2024 11.09.2024