Balaji Thangavel v. The Sub Inspector Of Police,

C.V.KARTHIKEYAN,J.

A2 has filed Crl.O.P.No.27315 of 2023 and A3 has filed Crl.O.P.No.27297 of 2023, both in Crime No.257 of 2022, registered by the respondent police for the offences punishable under Sections 153 & 505(1)(b) of IPC and Section 3 of TNPPDL Act, and Section 4(1) of TN Open Places (Prevention of Disfigurement) Act, 1959, with respect to an occurrence which took place on 27.07.2022.

2.It is stated that when the Chess Olympiad was conducted in July 2022, official posters have been put up with photographs of the Chief Minister of Tamil Nadu. It is stated that the petitioners herein had damaged the said photographs and had also put up photographs of the Prime Minister next to the photographs of the Chief Minister. A complaint had been given and the respondent had registered the case. 3.It is only hoped that the petitioners herein would be more responsible in their future, but taking into consideration all the factors, I am inclined to grant anticipatory bail to the petitioners in both petitions subject to the following conditions:

4.Accordingly, the petitioners are ordered to be released on

anticipatory 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 IX Metropolitan Magistrate, Saidapet, on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[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.

11.12.2023 ata C.V.KARTHIKEYAN,J.

ata 11.12.2023