Crl.O.P.No.17061 of 2022

Crl.O.P.No.17061 of 2022

G.K.ILANTHIRAIYAN, J.

The petitioners who apprehend arrest at the hands of the

respondent police for the offences punishable under Sections 147, 148,

294b, 341, 353, 393, 506(ii) of IPC, in Crime No.227 of 2022, seek

anticipatory bail.

2. The case of the prosecution is that the deceased died in a lake.

When the Government officials came to the scene of occurrence and told

that the deceased should be sent for postmortam, the petitioners herein

restricted the Government officials from discharging their duties. Hence,

the complaint.

3. The learned counsel for the petitioners would submit that the

petitioners are the innocent persons and they have not committed any

offence as alleged by the prosecution. Therefore, he prays for grant of

anticipatory bail to the petitioners.

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Crl.O.P.No.17061 of 2022

4. The learned Additional Public Prosecutor would submit that the

petitioners restricted the Government officials from discharging their

duties. Hence, he vehemently opposed to grant anticipatory bail to the

petitioners.

5. Considering the above facts and circumstances, this Court is

inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 No.I, at Jayamkondam, on condition that each of 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 learned Magistrate concerned, failing which, the petition

for anticipatory bail shall stand dismissed and on further condition that:

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Crl.O.P.No.17061 of 2022

[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 daily 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 abscond, a fresh FIR can be registered

under Section 229A IPC.

22.07.2022

mn

G.K.ILANTHIRAIYAN, J.

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Crl.O.P.No.17061 of 2022

mn

Crl.O.P.No.17061 of 2022

22.07.2022

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