Duraimurugan v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 188, 341, 353 of IPC and Section 3 of TNPPDL Act 1992 in Crime No.84 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioners and other accused persons threw stones on the Government bus and broken the back mirror of the bus. Hence, the defacto complainant, Conductor of the bus lodged a complaint before the respondent Police and the present case has been registered.

3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the offence and he has been falsely implicated in this case. However, he further submitted that the petitioners are ready to deposit any fine amount as imposed by this Court. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the State admitted the fact that the petitioner has damaged the bus and thereby caused damages to the tune of Rs.6,000/-.

5. Taking note of the facts and circumstances and submissions made by the learned counsel for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No. 84 of 2022, within a period of two weeks from the date on which the order copy is made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Thirupathur, on condition that the petitioner shall execute a 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 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) 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 is made ready.

[c] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner 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 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].

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

12.07.2022 Lpp

G.K.ILANTHIRAIYAN, J.

Lpp 12.07.2022