Manikandan v. Police Department

K.GOVINDARAJAN THILAKAVADI , J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) IPC, in Crime No.83 of 2023, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is a Vehicle Recovery officer in Bajaj Finance. Due to non payment of due amount, the defacto complainant seized the two wheeler of the 2nd petitioner and hence the dispute arose between the parties and due to which, the petitioners along with other accused assaulted the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are no way connected with the alleged offence. He also submitted that the petitioners are ready to abide by any stringent conditions that may be 1/4

imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that the petitioners are A3 and A4. Due to non payment of due amount, the defacto complainant who is the Vehicle Recovery officer seized the two wheeler of the 2nd petitioner and that there is a dispute between the parties and due to which, the petitioners along with other accused assaulted the defacto complainant with wooden rod and thereby the defacto complainant sustained grievous injuries. He further submitted that the victim has been discharged from the hospital.

5. Taking into consideration the facts and the submissions and that the petitioners are ready and willing to deposit some amount to the credit of Crime No.83 of 2023, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) each to the credit of crime 2/4

No. 83 of 2023 within a period of three weeks from the date on which the order copy made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Vedaranyam on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five 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, 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;

[b] the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five thousand Only) each to the credit of Crime No.83 of 2023 within a period of three weeks from the date on which the order copy made ready and the victim is permitted to withdraw this amount. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial; 3/4

K.GOVINDARAJAN THILAKAVADI, J.

vum/dna [d] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation;

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or trial.

[g] 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].

[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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