Munfeed v. State Rep By The Inspector Of Police

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 279, 353, 332, 307, 379, 506(ii) of IPC and Section 3(1) of Prevention of Damage to Public Property Act 1984 and Section 11 of Tamil Nadu Preservation Act 1958 in Crime No.492 of 2021, seeks anticipatory bail.

2. The alleged occurrence is said to have been taken place on 22.06.2021 at about 5.00 a.m. and the complaint was lodged by the respondent police on the same day at about 15.00 hrs.

3. Even according to the case of the prosecution, the petitioner stopped the lorry, however ran away from the scene of crime. The lorry and the other cattles were recovered from the petitioner.

4. Considering the above facts, this Court is of the view that custodial interrogation of the petitioner does not required. Hence, this

Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 D.M. Cum J.M., Pallipattu, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related 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 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 twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and

thereafter as and when required for interrogation. [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.

07.07.2022 mpl

G.K.ILANTHIRAIYAN, J.

mpl 07.07.2022