C.Vasudevan 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 294(b), 186, 353 and 506(ii) of IPC in Crime No.275 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the deceased/victim who is the Tirupattur Town Vice President of the Political Party, was brutally murdered by the accused by assaulting him with deadly weapons. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the first petitioner is a District President of the Political Party in Tirupattur District and second petitioner is a member of the Political Party. He would further submit that they are innocent persons and they have nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The Government Advocate (Crl.Side) appearing for the

respondent police would submit that due to previous enmity, the deceased/victim who is the Tirupattur Town Vice President of the Political Party, was brutally murdered by the accused by assaulting him with deadly weapons. He would further submit that there is no previous case pending against the petitioners. Therefore, he vehemently opposed for granting of anticipatory bail to the petitioners.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 No.I, Tirupattur, 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 daily at 10.30 a.m., for a period of three months. [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.

08.12.2022 vkr

T.V.THAMILSELVI, J.

vkr 08.12.2022