Deepak Alias Vivek v. State Rep By

Crl.O.P.No.1345 of 2024 C.V.KARTHIKEYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 427 of IPC r/w Section 3 of TNPPDL Act in Crime No.279 of 2023, seeks anticipatory bail.

2. It is the case of the prosecution that the petitioner had thrown a stone at the house of the defacto complainant, due to which the door was broken and the damaged property is estimated at Rs.5,000/-. 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/- to the credit of Crime No.279 of 2023 before the learned Judicial Magistrate No.VI, Coimbatore and on such deposit the learned Judicial Magistrate No.VI, Coimbatore may hand over the amount to the defacto complainant. It is made clear that such deposit does not indicate that the petitioner had admitted to the allegations raised against him in the FIR.

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

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C.V.KARTHIKEYAN , J.

smv Crl.O.P.No.1345 of 2024 30.01.2024 4/4