Nagaraj v. State Rep By

Crl.O.P.No.1366 of 2024 C.V.KARTHIKEYAN, J.

The petitioner/A2 who apprehends arrest at the hands of the respondent police for the offences punishable under Section 3(1) of TNPPDL Act and Section 336, 427 of IPC in Crime No.09 of 2024, seeks anticipatory bail.

2. It is stated that the petitioner along with other accused were travelling in the TNSTC bus from Mettur to Madheshwaranmalai and since the bus driver did not stop the bus according to their wish, they broke the wind shield of the bus. The damage caused is estimated at Rs.5,000/-. It is stated that the other two accused had been arrested and remanded to judicial custody.

3.Taking all these factors into consideration, this Court is inclined to grant anticipatory bail to the petitioner, however directing the petitioner to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.09 of 2024 before the learned Judicial Magistrate No.I, Mettur and on such deposit the learned Judicial Magistrate No.I, Mettur may hand over the amount to the defacto 1/4

complainant and also ensure that the said amount is deposited in the Government account of TNSTC towards the maintenance cost of the bus.

4.Accordingly, the petitioner 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Mettur, 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or 2/4

witness either during investigation or trial. [d] the petitioner 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

30.01.2024 smv C.V.KARTHIKEYAN , J.

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smv Crl.O.P.No.1366 of 2024 30.01.2024 4/4