Mohandass v. The State Represented By

T.V.THAMILSELVI, J.

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 289, 337 & 304(ii) of IPC in Crime No.121 of 2024, seek anticipatory bail. 2.The case of the prosecution is that during the cow festival, one of the bullocks belonging to one Kalaivannan/A5 stung a man in his left side chest rib. Thereafter, he brought to the Government Hospital and without responding to the treatment, he died. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners who are the festival committee members are innocent persons and they have been falsely implicated in this case. He would further submit that they are ready to deposit a sum of Rs.20,000/- each to the credit of Crime No.121 of 2024 before the concerned Magistrate. Therefore, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (crl.side) appearing for the alleged incident was happened due to the negligence on the part of the petitioners.

5.Heard the learned counsel for the petitioners and the learned

Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned Counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

7.Accordingly, the petitioners are directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of Crime No.121 of 2024 before the concerned Magistrate within a period of three weeks from the date of receipt of a copy of this order and on such receipt and receipt of proof of payment, 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 No.I, Vellore, on condition that 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 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 shall report before the respondent police station as and when required for interrogation.

© the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) each to the credit of crime No.121 of 2024 before the concerned Magistrate. On such deposit, the learned Magistrate, shall hand over the said amount of Rs.80,000/- to the legal heirs of the deceased. (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 SCW5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

8. On considering the pathetic situation of the family of the deceased, this Court recommends that it is a fit case to refer, as per 357(A) (1) (2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Vellore, is hereby directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) as interim compensation to the family of the deceased, addressing to the District Collector, in the manner known to law within a period of 6 weeks from the date of receipt of copy of this order.

10.04.2024 vkr T.V.THAMILSELVI, J.

vkr

10.04.2024