Vignesh v. Inspector Of Police
T.V.THAMILSELVI, J.
The petitioners who apprehend arrest for the alleged offence punishable under Sections 341, 294(b), 323, 506(ii) of IPC in Crime No.50 of 2023, seeks anticipatory bail.
2. The case of the prosecution is that on the date of occurrence the petitioner's mother traveled in LRS Private bus from Pappanaichenpatti. Suddenly, she asked the driver of the bus to stop for which the driver has not stopped the bus. Thereafter the petitioners came to the bus stand in Bolero car bearing registration No.TN-50-1000 and abused the defacto complainant with filthy language, assaulted and intimidated with dire consequences. Hence, the case.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioners, without prejudice to their right, are ready to abide any
condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) submitted that on the date of occurrence the petitioner's mother traveled in LRS Private bus from Pappanaichenpatti. Suddenly, she asked the driver of the bus to stop for which the driver has not stopped the bus. Thereafter the petitioners came to the bus stand in Bolero car bearing registration No.TN-50-1000 and abused the defacto complainant with filthy language, assaulted and intimidated with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, the investigation is almost completed and this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial
Magistrate I, Attur, on condition that each of the petitioners 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 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 are directed to appear before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 petitioners released on bail by the learned Magistrate/Trial Court himself as laid
T.V.THAMILSELVI, J.
jai 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.
01.03.2023 jai 01.03.2023