Sathya v. The State Rep By

A.D.JAGADISH CHANDIRA , J.

Apprehending arrest in connection with Crime No.156 of 2023 registered for the offences punishable under Sections 341, 294(b), 323, 324, 427, 506(2), the present petition has been filed seeking anticipatory bail. 2.Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seeks indulgence of this Court. He further submits that, the petitioners were earlier granted anticipatory bail by the Principal District Judge, Dharmapuri on 02.11.2023 with a condition to make a non-refundable deposit of Rs.9,000/- to the District Mediation and Conciliation Centre, Combined Court Building at Dharmapuri, however, due to financial constraints, petitioners were unable to comply with the said conditions, due to which the order got lapsed.

He also submits that without prejudice to the defence and contention, petitioners are ready and willing to deposit a sum of Rs.10,000/-each as nonrefundable deposit to any welfare scheme of the Government or any organization. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Page No.

3.The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail is that the petitioners were earlier granted anticipatory bail, however, they failed to comply with the conditions, due to which the order got lapsed. He further submit that the investigation is still pending. 4.Considering the voluntary submission made by the learned counsel for the petitioner, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only)each to the District Legal Services Authority, Dharmapuri without prejudice to the right of defence before the Trial Court and making it clear that it would not amount to admission of guilt. 5.Further, having heard the learned counsel for the petitioners and the learned Government Advocate (Crl.

Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and accordingly, he 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 of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Page No.

Pennagaram on condition that the petitioners 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 said Magistrate, on further condition that:

[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioners shall report before the respondent Police daily at 10.30 a.m for a period of two weeks, thereafter every first Saturday at 10.30 am until further orders; [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 Page No.3 of 5

be registered under Section 269 of BNS.

04.12.2024 sma A.D.JAGADISH CHANDIRA , J.

sma Page No.4 of 5

04.12.2024 Page No.5 of 5