Kamalesh v. State Rep By

Crl.O.P.No.27338 of 2022 A.D.JAGADISH CHANDIRA, J.

The petitioners, who apprehend arrest for the alleged offence under Sections 341, 294(b) and 506(i) IPC in Crime No.235 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners waylaid the defacto complainant's son and abused him with filthy language and intimidated him. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. Due to a previous enmity, they have been falsely implicated in this case. He would submit that there is a delay of two days in giving the complaint. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for

the respondent would submit that the petitioners waylaid the defacto complainant's son and abused him with filthy language and intimidated him. He would further submit that asfar as the second and third petitioner are concerned, there is one previous case pending against them. Hence, he opposed to grant anticipatory bail to the petitioners. .

5. Considering the facts and circumstances of the case and the submissions, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 Munsiff cum Judicial Magistrate, Yercaud on condition that the petitioners shall execute a 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 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 stay at salem and report before the Salem Ammapet Police Station, Salem twice daily at 10.30 a.m and 05.30 p.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 petitioners released on bail by the learned Magistrate/Trial Courthimself 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.

Anu

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

10.11.2022 Anu Crl.O.P.No.27338 of 2022