M.C.Kuppan And Others vs Inspector Of Police And Others

G.K.Ilanthiraiyan, J

The petitioners/A1 to A29, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 143, 294(b), 353, 342 IPC and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damages & Loss)Act, 1992 in Crime No.124 of 2023, seek anticipatory bail.

2.The case of the prosecution is that the accused persons attempted to conduct innisai katchery even though there is an order to conduct the same. Therefore, the police went to the said place and instructed the villagers to stop the programme. But they refused to do the same and they abused the police officials in filthy language and caused damage to the police's vehicle. Hence the case.

3.Heard both sides and perused the materials available in the record.

4.Considering the facts and circumstances of the case, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Illuppur, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties(common surety) 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 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.