Rajkumar v. Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners A1, A3, A4 and A5 in Crime No.416 of 2022 registered by the respondent Police for the offences under Sections 294(b), 324, 506(ii) IPC read with Section 4 of TNPHW Act with respect to the occurrence which took place on 15.11.2022, seek anticipatory bail.

2. It is stated by the learned counsel for the Petitioners that the Petitioners have been falsely implicated in this case. He also stated that the Accused A2 had been granted bail. Hence, he prays for anticipatory bail to the Petitioners.

3. The learned Government Advocate (Criminal Side) stated that the 4th Petitioner herein/A5 through Video call demanded money from the defacto complainant and on refusal, all the Accused had joined and committed the offences as stated above.

4. Taking into consideration of these factors, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 1/4

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 Judicial Magistrate, Valangaiman, on condition that the petitioner 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 1st, 3rd and 4th Petitioners/A1, A4 and A5 shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and the 2nd Petitioner/A3 shall report before the respondent once in a week i.e., every Saturday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for the interrogation.

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[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.

[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.

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C.V.KARTHIKEYAN , J.

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