Vadivel @ Vadivelan v. State By

C.V.KARTHIKEYAN, J.

The petitioners/A5 and A11, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147,148,294(b),353,307,506(ii),379 and 430 of I.P.C in Crime No.240 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that the all the accused had joined together and restrained the respondent police from discharging their official duty and also threatened them with dire consequences.

3. The learned Government Advocate( Criminal side) for the respondent submits that as against A5, there are 5 previous cases pending and as against A11, there are 4 previous cases pending . He further stated that this Court had granted anticipatory bail to A9 and 10 in Crl.O.P.No.26463 of 2023 vie order dated 22.11.2023 and had dismissed the anticipatory bail application of these petitioners. He further stated that investigation has proceeded to a certain extent.

4. In view of these particular facts, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are 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 Judicial Magistrate, Gudiyatham, Vellore District, on condition that 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 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 shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall deposit a sum of Rs.5,000/- to the District Revenue Officer, Vellore District. Two weeks time is granted for deposit the said amount from the date of receipt of a copy of this order. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.01.2024 smn C.V.KARTHIKEYAN , J.

smn 05.01.2024