A.Ilayaraja v. The Inspector Of Police

C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.546 of 2023 registered by the respondent police for the offence punishable under Sections 294(b) & 506(i) of IPC, with respect to an occurrence, which had taken place on 14.07.2023 and for which FIR was registered on 16.07.2023.

2. The defacto complainant, had been distributing leaflets stating about the ill-effects of drugs at Periyar Road, at that time, the petitioner had called over the defacto complainant and humiliated him. It is also stated that in the complaint given to the police, it had been stated that he had also humiliated other senior members of the political party.

3. The learned counsel for the petitioner states that he had also given a complaint against the defacto complainant which was registered as FIR in Crime No.547 of 2023 for the offences under sections 294(b) and 506(ii) of IPC.

4. In view of the nature of offence and the fact that there had been counter case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

5. 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 Judicial Magistrate No.I, Perambalur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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

everyday Morning at 10.30 a.m., and Evening at 5.30 p.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.

11.10.2023 ata C.V.KARTHIKEYAN,J.

ata 11.10.2023