A Poobalan v. State Rep By

Crl.O.P.Nos.26702 and 26652 of 2023 C.V.KARTHIKEYAN , J.

The petitioner is A8 in two separate crime numbers in FIR in Crime No.318 of 2023 and 317 of 2023. Both FIRs have been registered under Sections 147, 341, 294(b) and 506(i) IPC.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.It is the case of the learned counsel for the petitioner that the petitioner has participated in an agitation protesting acquisition of lands for SIPCOT purposes. The learned counsel states that the petitioner is innocent of the offences. On the side of the respondent, it is stated that the petitioner had participated in the agitation. However, balancing both the views, anticipatory bail is granted.

4.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner/A8 herein with certain conditions.

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5. Accordingly, the petitioner/A8 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 Judicial Magistrate Court-I, Cheyyar, Tiruvannamalai District, on condition that the petitioner/A8 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two separate sureties for both FIRs, 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/A8 to report before the respondent police once a week at 10.30 a.m., for a period of two weeks in respect of both FIRs and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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.

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C.V.KARTHIKEYAN , J.

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