Arvind Balaji v. Inspector Of Police
T.V.THAMILSELVI,J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 448 and 353 of IPC in Crime No.604 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the Sub-Registrar, Joint No.1, Gobichettipalayam, Erode District. On 14.12.2022, the petitioners behaved in an unruly manner and created ruckus in the office of the defacto complainant, which prompted him to lodge this complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would submit that
on 14.12.2022, the petitioners behaved in an unruly manner and created ruckus in the office of the defacto complainant, which prompted him to lodge the present complaint. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.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, Gobichettipalayam on condition that each of the petitioners shall execute a 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 as and when required for interrogation and in future, the petitioners shall not create any ruckus in the Government office by illegal means;
[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;
T.V.THAMILSELVI,J.
sp [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.
22.12.2022 sp