M.Sarguru v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence under Sections 147, 294(b), 352, 353 and 506 (ii) of IPC in Cr.No.586 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.Totally there are five accused in this case and the petitioner herein is arrayed as A3. The case of the prosecution is that the defacto complainant is a Village Administrative Officer and when he was carrying out his work on 21.11.2022, the petitioner along with other accused prevented the defacto complainant from discharging his duties and also threatened him with dire consequences. The further case of the prosecution is that there was a quarrel between some unknown persons and the petitioner, due to which the petitioner along with other accused attacked the unknown persons and also the general public. Thereby, the defacto complainant lodged a complaint against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submits that the petitioner along with other accused threatened the Village Administrative Officer who is a Government Servant from discharging his duty and also attacked the general public. Hence he opposed for granting anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Valangaiman 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 satisfaction of the learned Magistrate concerned 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 Court concerned 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 every Wednesday at 10.30 a.m. for a period of four weeks and thereafter, appear before the trial Court on all hearing dates.

(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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

19.12.2022 smn

T.V.THAMILSELVI, J.

smn 19.12.2022