K Vasudevan v. The Inspector Of Police

P.DHANABAL, J.

The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 351(2), 304(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 in Crime No.364 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are devotees of Lord Sri Vilakoli Perumal temple, Kancheepuram. It is alleged that the on 15.09.2024 there was some dispute between the Thengalai Sect and Vadakalai Sect and the petitioners who belong to Vadakalai Sect had wordy quarrel with the Thengalai Sect. This led to a quarrel among them and thereafter, the quarrel escalated into violence. Hence this case.

3. The learned counsel for the petitioners would contend that the petitioners are an innocent person and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

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

submit that on 15.09.2024 in a temple procession there was dispute between the petitioners who belong to Vadakalai Sect and the Thenkalai Sect, which led to quarrel among them and the quarrel escalated into violence. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

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

6. Considering the rival submissions on either side, the nature of offences and considering the fact that no previous case pending against the petitioners and there is a case and case in counter and the property was also recovered, this Court is 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 learned Judicial Magistrate, Kancheepuram 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 daily at 10.00 a.m., for a period of thirty days and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] 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].

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

04.10.2024 rna

P.DHANABAL,J.

rna 04.10.2024