Sakthivel v. State Rep By
A.D.JAGADISH CHANDIRA , J.
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 147, 148, 341, 323, 326, 307 and 379 of IPC r/w Section 3(i) of the TNPPDL Act in Crime No.329 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that on 19.09.2022 at about 5.30 p.m., while the defacto complainant who is a Press Reporter along with his camera man, were retuning after covering the news relating to renovation work of the school which was burnt, the brother of the correspondent of the School, relatives of the counsellor/Rajasekaran and henchmen of one Mahabarathi Mohan, had way-laid the defacto complainant and his camera man, abused them with filthy language and also assaulted them and caused damages to their car and cameras. Due to the incident, the defacto complainant has also sustained injuries. Hence the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is not arrayed as an accused in the F.I.R. He would further submit that co-accused have been granted anticipatory bail by this Court in Crl.O.P.Nos.23184 & 23192 of 2022 and there is no previous case pending against him. Hence he prays for grant of anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with his henchmen, and his relatives, have way-laid the defact complainant, while he was returning after covering the news relating to renovation of the school and at that time, they have assaulted the defacto complainant and his camera man and caused damages to his camera and car. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel for the parties and perused the entire materials available on record.
6.Taking into consideration the facts of the case and the
submissions made by the learned Counsel and also that the co-accused have been granted anticipatory bail in Crl.O.P.Nos.23184 & 23192 of 2022, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 No.II, Attur, on condition that each of the petitioner shall execute a 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 daily at 10.30 a.m., for a period of four 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;
17.11.2022 Anu
A.D.JAGADISH CHANDIRA , J.
Anu Crl.O.P.Nos.26200 of 2022 17.11.2022