This judgment grants anticipatory bail to the petitioners facing alleged offences under Sections 147, 294(b), and 353 of IPC. The court imposes strict reporting, bonding, and non-tampering conditions.
Petitioners ordered to be released on bail within 15 days if arrested, subject to execution of a separate bond of Rs.25,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.7003 of 2023
Crl.O.P.No.7003 of 2023
A.D.JAGADISH CHANDIRA , J.
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 353 of IPC in Crime No.73 of 2023, seek anticipatory bail.
that the petitioners herein alleged to have prevented the Government Employee and threatened him in the Paddy Procuring Centre from discharging his duty. Hence, the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent, since they agitated against the lesser price given and demand of bribe, a false complaint has been given by the defacto complainant. He further submit that he is ready to abide by any condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioners.
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4.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioners herein prevented the Gpvernment Employee in the Paddy Procuring Centre and also threatened him not to perform his duty. He would further submit that the petitioner has no previous case pending against him. However, he would
vehemently opposed for grant of anticipatory bail to the petitioners.
Government Advocate (Crl.Side) for the respondent and also perused the materials available on record.
by the learned counsel on either side and also the fact that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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
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the learned Judicial Magistrate, Cheyyur, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/(Rupees Twenty Five 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 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 four weeks and thereafter on every Saturday at 10.30 a.m, 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;
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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is
A.D.JAGADISH CHANDIRA, J.
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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;
06.04.2023
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Crl.O.P.No.7003 of 2023
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2 issues framed by the court
Whether to grant anticipatory bail to the petitioners in case of their apprehended arrest.
What conditions should be imposed for the release on bail.
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaReferred¶33
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
A.D. JAGADISH CHANDIRA
STATE (REPRESENTED BY POLICE)
A.D. JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
