A R Balachandar v. State By

Crl.O.P.No.4298 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A1 in Cr.No.143 of 2024 registered by the respondent police for the offence punishable under Sections 341, 294(b), 353, 506(ii) of IPC and 3 of TNPPDL Act seeks anticipatory bail.

2. It is stated that the defacto complainant is a Driver of the MTC Bus. It is further stated that he did not stop the bus in the actual bus stop, but, stopped it in another place. Therefore, the petitioner and the other accused had broken the front side mirror of the bus and also the windshield.

3. The learned counsel for the petitioner stated that the damage was caused by the other accused and they were arrested and still in custody. He also stated that the petitioner is a B.E.Student. 1/4

4. Taking that particular fact, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. 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-II, Poonamalle on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 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.

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[b] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the credit of Cr.No.143 of 2024 and on such deposit, the learned Judicial Magistrate-II, Poonamalle may call over the defacto complainant and hand it over to him for maintenance expenses of the damaged bus.

[c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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.

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C.V.KARTHIKEYAN,J.

Vv Crl.O.P.No.4298 of 2024 23.02.2024 4/4

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