Thangaraj v. The Inspector Of Police

C.V.KARTHIKEYAN , J.

The petitioners/A1 to A4 seek anticipatory bail in Crime No.59 of 2024 registered by the respondent Police for the offences punishable under Sections 294(b), 323, 324 and 506(ii) of IPC, with respect to an occurrence took place on 02.02.2024.

2. It is stated that the defacto complainant is a parking contractor at Sri Prasanna Venkataperumal temple at Vaiyavur, Maduranthagam Taluk, Chengalpattu District. The petitioners were said to have parked the vehicle but they refused to pay the parking charges.

3. However, taking all the other factors into consideration this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Judicial Magistrate No.I, Chengalpattu, Chengalpattu District, on condition that 1/4

the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 two weeks and thereafter, as and when required for interrogation. The petitioners may also file either separately or jointly an affidavit that there would not enter into a quarrel over parking issue with the defacto complainant at the time of executing sureties.

[c] the petitioners 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 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.

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C.V.KARTHIKEYAN , J.

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