Muniasamy v. State Rep By

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 153(A) and 504 of IPC in Crime No.412 of 2022, seek anticipatory bail. 2.The case of the prosecution as per the defacto complainant who is an organizing secretary of TNHB colony welfare association is that the accused persons alleged to have made false propaganda against the defacto complainant and other members of the said association and the same was questioned by him, the accused have insulted him and developed enmity between two groups. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and due to previous enmity, a false complaint has been given against them. He would further submit that it is a case and a case in counter. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) would submit that the petitioners alleged to have made false propaganda against the defacto complainant and other members of the welfare association and when it was questioned by the defacto complainant, the accused have insulted him. He would further submit that it is a case and a case in counter. However, he opposed for grant of anticipatory bail to the petitioners. 5.Heard the learned counsel for the petitioners as well as the learned Government Advpcate (crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also taking note of the fact that it is a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

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 Magistrte, Thiruvottriyur, on condition that each of the petitioners shall execute separate 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 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 report before the respondent Police every Wednesday at 10.30 a.m., for a period of eight weeks.

[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 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.

05.12.2022 vkr

T.V.THAMILSELVI,J.

vkr 05.12.2022