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Madras High CourtCRL OP/24444/2023granted

B.Muthuvenkatram v. State Rep.By

2023-11-02Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 153A(1)(a) and (1)(b) of IPC in Crime No.379 of 2023, seeks anticipatory bail. 2.It is stated that the Central Government had introduced a Scheme called PM Vishwakarma Yojana Scheme on 15.08.2023 and launched on 17.09.2023. It is also stated that the petitioner had commented about the said scheme, and taking umbrage at the names stated, a complaint was lodged and FIR was registered. 3.It is only natural that any scheme when introduced either by the Central Government or by the State Government or even by any Panchayat or by any Municipality or by any organization or by any private institution there will always be opinions expressed for and against the scheme. The entire issue can be examined only when the scheme is actually put into effect to find out whether it is beneficial to society or is detriment to society.

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4.It is the grievance of the intervenor that the petitioner appears to have targeted a particular community.

5.If that be the case, then it is an issue for trial and those who are of the opinion that they have been so targeted should let in evidence to establish their case.

6.At this stage, there only being an expression of opinion about a particular scheme, this Court is inclined to grant anticipatory bail to the petitioner herein with certain 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 - II, Coimbatore, on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the 2/4

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 two weeks and thereafter as an when required for interrogation.

[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].

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C.V.KARTHIKEYAN , J.

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

02.11.2023 smv (1/2) 4/4