S.Vijay Anand v. State Rep
Crl.O.P.No.13243 of 2023 A.D.JAGADISH CHANDIRA.J, The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 3, 5 of Immortal Traffic (Prevention) Act & 370 IPC, in Crime No.264 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner, under the guise of running a spa has indulged in prosecution by engaging three victims. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that there is no previous case pending against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) for the respondent would submit that the petitioner, under the guise of running a spa has indulged in prosecution by engaging three victims. Hence, he opposed to grant anticipatory bail to the petitioner.
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5. At this juncture, the learned counsel for the petitioner submitted that the petitioner, without prejudice to his defence and contention, is ready and willing to deposit an amount of Rs.20,000/- to any welfare scheme run by the Government. He further stated that the petitioner is also ready to abide by any other stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner.
6. Heard the learned Counsel for the petitioner and the learned Government Advocate (crl.side) and perused the materials available on record. 7.Taking into consideration of the voluntary submission made by the petitioners offering to donate/pay considerable amount to any charitable organization or association, this Court is of the opinion that the petitioner shall be directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only), as non-refundable deposit through RGS/NEFT in favour of the "The Dean/Medical Officer, Government IRT Erode Medical College and Hospital, Perundurai" Erode District, on such payment and production of proof, they shall be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Alandur, on condition that the petitioner shall execute a 2/4
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 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 daily at 10.30 a.m. for a period of two weeks and thereafter every Saturday at 10.30 a.m., until further orders.
[c] the petitioners 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].
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A.D.JAGADISH CHANDIRA.J, Anu [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
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