Arunkumar v. The Inspector Of Police,
C.V.KARTHIKEYAN , J.
The petitioners/A1, A2, A4 and A6 seek anticipatory bail in Crime No.74 of 2024 registered by the respondent Police for the offences punishable under Sections 147, 148, 448, 294(b), 324 and 506(ii) of IPC and Section 4 of TNPHW Act and Section 3 of TNPPDL Act, with respect to an occurrence took place on 11.03.2024.
2. It is stated that owing to previous enmity, all the accused person had entered into the premises of the defacto complainant and caused damages to two wheelers and other household articles. Total loss suffered by the defacto complainant worth about Rs.1/- lakh.
3. However, taking all those factors into consideration this Court is inclined to grant anticipatory bail to the petitioners, but however, directing the petitioners to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each as non-refundable deposit to the credit of Crime No.74 of 2024, before the learned District Munsif cum Judicial Magistrate, Cheyyur, Chengalpattu. The total sum of Rs.40,000/- may be handed over by the 1/4
learned District Munsif cum Judicial Magistrate, Cheyyur, Chengalpattu to the defacto complainant. It is made clear that this deposit would not indicate that the petitioners had admitted to any of the allegation. It would not preclude the defacto complainant from claiming any further damages in the manner known to law.
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 District Munsif cum Judicial Magistrate, Cheyyur, Chengalpattu, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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.
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[b] the 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. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners 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 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.03.2024 rjr 3/4
C.V.KARTHIKEYAN , J.
rjr 27.03.2024 4/4