K Cholan v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioners are A1 and A5 to A9 in Crime No.699 of 2023, registered under Sections 143, 294(b), 323, 324, 427, 444 and 506(ii) IPC and Section 4 of TNPHW Act, seek anticipatory bail 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent. 3.3.It is stated that the petitioners belong to Aadhithamilar Peravai Party. The members of Dalith Vidudalai Party had conducted a meeting on 18.11.2023, in which it is stated that the Secretary had abused the leader of Aadhithamilar Peravai. This led to a further quarrel which escalated into violence leading to lodging of a complainant and registration of FIR. Taking all the factors into consideration, anticipatory bail is granted.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. 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 1/4

date on which the order copy made ready, before the learned Judicial Magistrate, Avinashi, on condition that each of 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 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, 2nd and 3rd petitioners to appear before the respondent everyday at 10.30 a.m for a period of two weeks and 4th, 5th and 6th petitioners to appear before the respondent once a week at 10.30., am, for a period of two weeks. [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 petitioner in accordance with law as if the conditions 2/4

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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