Lakshmaman v. State Rep By

G.K.ILANTHIRAIYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 143, 188, 341, 353 IPC & Section 3 of TNPPDL Act, 1992 in Crime No.84 of 2022, seek anticipatory bail.

2. There are totally five accused in this case, in which the petitioners are arrayed as A1, A2, A3, A4 and A5. The case of the prosecution is that the defacto complainant one Annamalai, who is the conductor of the bus lodged a complaint against the petitioners stating that on 26.06.2022, they pelted stones on the bus and damaged the rear side mirror of the bus. Hence, the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. However, on instructions, he would submit that the petitioners are ready to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only)

each, to the credit of crime No.84 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that petitioners pelted stones on the bus and damaged the rear side mirror of the bus. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Taking note of the facts and circumstances, 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 No.84 of 2022, within a period of two 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 No.II, Thirupathur on condition that the

petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten 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.84 of 2022, before the concerned Magistrate, within a period of two weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police 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.

[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.

08.07.2022 Anu

G.K.ILANTHIRAIYAN, J.

Anu 08.07.2022