E.S.Sahul Hameed v. The Inspector Of Police

CRL.O.P.No.13041 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147 IPC and 3(1) of T.N.P.P.D.L.Act in Crime No.177 of 2016 with this petition seeking anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioners have attacked the Government bus bearing Reg.No.TN 49 N1716 and caused damage to the windscreen of the said bus.

4. Learned counsel for the petitioners would submit that the bus route towards Kumbakonam to Nagapattinam route is a more danger due to a lot of groove and pit. Due to this, more accident has been caused in this route. Due to this, the petitioners and the local people used to conduct strike to repair the road. In the mean time, the Government bus met with an accident and the bus collided and one Deventhiran was died on the spot. He further submitted that public were mobbed in occurrence along with deceased parents and relatives and while the deceased family did not ready to dispose the body and struggled against the bus driver and local municipal for repair of the road. He further submitted that the petitioners were not involved in any offence as alleged by the prosecution.

5. Learned Government Advocate (Crl. Side) would submit that there is no previous case against the petitioner.

6. Due to sudden provocation, the accident was happened. Considering the facts and circumstances of the case and also taking note of the fact that

S.VAIDYANATHAN,J.

kal there is no previous case against the petitioners, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Nannilam, Thiruvarur District, on each of them executing 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 and on further condition that the each of the petitioners are directed to deposit a sum of Rs.2000/- to the credit of Cr.No.177 of 2016 before the Judicial Magistrate, Nannilam, Thiruvarur District and on further condition that:

[a] the petitioners 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. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [c] the petitioners shall not abscond either during investigation or trial.

[d] 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 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].

28.06.2016 kal CRL.O.P.NO.13041 of 2016