L.Anandh Kumar @ Chinnaraja v. Inspector Of Police
C.V.KARTHIKEYAN , J.
The petitioner/A2 who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(ii) of IPC read with Sections 3 and 4 of TNPPDL Act registered in Crime No.835 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The petitioner and the defacto complainant are neighbours and there was a dispute relating to the parking of an auto belonging to the defacto complainant. There was a quarrel which escalated into violence. It is also stated that the accused had damaged backside glass of the auto.
3. Taking an over all consideration of the entire facts of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
4. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned 1/4
Judicial Magistrate, Tiruvottiyur 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, every day at 10.30 a.m. until further orders;
[c] the petitioner shall deposit a sum of Rs.10,000/- to the credit of the Crime No.835 of 2023 before the Judicial Magistrate, Tiruvottiyur. On receipt of such deposit, the learned Magistrate may return back the amount to the defacto complainant. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; 2/4
[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; 31.01.2024 mjs C.V.KARTHIKEYAN , J.
3/4
mjs 31.01.2024 4/4