Sasikumar v. State Rep By
Crl.O.P.No.7127 of 2024 C.V.KARTHIKEYAN,J.
The petitioner/A4, in Crime No.6 of 2023 registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC and Section 3 of PPD Act with respect to an occurrence which took place on 04.01.2023 seeks anticipatory bail.
2. The petitioner and the other accused/Villagers of Keetakottai village in Vaniyampadi at Tirupathur District are said to have assaulted the defacto complainant who is a Driver in a private bus who had caused an accident in which a young child had died. The accused had also caused damage to the vehicle.
3. However, taking into consideration the fact that at the time when the accident had occurred, the villagers would have been extremely agitated, this Court is inclined to grant anticipatory bail to the petitioners 1/4
subject to the following conditions:
4. 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, Vaniyambadi on condition that the petitioners 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.
[b] the petitioner 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.
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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
25.03.2024 Vv 3/4
C.V.KARTHIKEYAN,J.
Vv Crl.O.P.No.7127 of 2024 25.03.2024 4/4