K. Vino v. State Rep. By

T.V.THAMILSELVI,J.

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 279, 337, 294(b), and 506(ii) of IPC in Crime No.58 of 2024, seek anticipatory bail.

2. The case of the prosecution is that on 31.03.2024, while the petitioners were traveling in a car, they dashed against one Thangarasu, in a rash and negligent manner and drove away without stopping, for which the defacto complainant questioned the incident, he was abused and also threatened with dire consequences. Hence, the complaint.

3. Learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners, on their own volition, are ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to drunken mood, the petitioners met with an accident with one Thangarasu, and drove away a car without stopping, when the same was questioned by the defacto complainant, he was abused in filthy language and also threatened with dire consequences. Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and the submissions made by the learned counsel and also considering the fact that the petitioners without prejudice their rights, on their own volition, are ready and willing to contribute some amount to any charitable trust, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I, Chidambaram, on condition that the petitioners shall

execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that: (a) the petitioners shall make a non-refundable deposit of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of the Vallalar Sathyagnana Sabai, Vadalur. (b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the respondent police on every Saturday at 10.30 a.m., for a period of three months;

[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 petitioner in accordance with law as if the conditions has been imposed and the petitioner is released on

T.V.THAMILSELVI, J.

drl 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]; and;

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

29.04.2024 drl