Devi v. State, Rep. By

Crl.O.P.No.4756 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/A6, A7 and A8 in Crime No.67 of 2024 registered by the respondent police for the offences punishable under Sections 147 of IPC r/w Section 3 of TNPPDL Act seek anticipatory bail.

2. It is stated that owing to previous enmity all the accused persons who are seven in number went over to the house of the defacto complainant and damaged a motorcycle. The loss due to damages was worth about Rs.15,000/- .

3. The learned counsel for the petitioners stated that three of accused persons had been arrested and granted bail on condition to deposit a sum of Rs.3,000/- each.

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4. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. 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 learned Judicial Magistrate-II, Ponneri on condition that each of the petitioners shall execute separate bonds 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 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.

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[b] the second and third petitioners shall deposit a sum of Rs.3,000/- each to the credit of Cr.No.67 of 2024 and on such deposit, the learned Judicial Magistrate-II, Ponneri may handover that the total sum of Rs.6000/- to the defacto complainant [c] the 1st petitioner shall report before the respondent police on every Saturday at 10.30 a.m., for a period of two weeks and the 2nd and 3rd 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.

[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 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].

[g] 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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