R.Loganathan v. The State Rep By The Inspector Of Police

T.V.THAMILSELVI , J.

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 294(b), 352, 353 and 506(ii) of IPC in Crime No.586 of 2022, seeks anticipatory bail.

2.The case of the prosecution as per the defacto complainant/Selvaprabha who is the Village Administrative Officer is that the petitioner abused her in filthy language and prevented her from discharging her official duty. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and the defacto complainant was prolonging in issuance of chitta and the same was questioned by the petitioner, a false complaint has been given against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent would submit that the petitioner abused the defacto complainant who is the Village Adminstrative Officer and prevented her from discharging her official duty. He would further submit that there is no previous case pending against her. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances and also of the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, 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, 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 on every Wednesday at 10.30 a.m., for a period of eight weeks.

[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; 19.12.2022 smn

T.V.THAMILSELVI , J.

smn

19.12.2022