A.Shanmugam v. State Rep.By

Crl.O.P.No.24931 of 2023 C.V.KARTHIKEYAN,J.

The petitioner seeks anticipatory bail in Crime No.307 of 2023 registered by the respondent police for the offences punishable under Sections 341, 294(b), 323, 427, 379, 506(i) of IPC.

2. It is stated by the respondent that C.C.No.109 of 2018 was pending before the learned District Munsif-Cum-Judicial Magistrate, Uthiramerur and yet another calendar case in C.C.No.120 of 2019 was also pending before the same Court. It is stated that the petitioner herein had threatened the defacto complainant.

3. The Court wanted a copy of the deposition. It is seen from the deposition that the defacto complainant had actually spoken about the threat. However, it is seen that the case had ended in acquittal. 1/4

4. Taking all the facts into consideration, 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 learned District Munsif-Cum-Judicial Magistrate, Uthiramerur 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.

2/4

[b] the petitioner shall report before the respondent police every day at 10.30 a.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.

12.12.2023 Vv 3/4

C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.24931 of 2023 12.12.2023 4/4