Babu v. The State Rep By Its,

G.K.ILANTHIRAIYAN, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294b, 506(i) of IPC 1860 and Section 3 of TN Public Property (Prvnt. of Damage and Loss) 1992 in Crime No.335 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is working in Theradi Metro Railway Station as controller of Theradi Metro. On the occurrence day, the above said petitioner and another went to Theradi Metro Railway Station in drunken mood and created public nuisance and abusing the unparliamentary words against the passengers who are all standing in the ticket counter, the said attitude of the petitioners was questioned by the defacto complainant, due to which, the petitioner and another attacked him and also damaged the metro property. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. Therefore, he prays to grant 1/5

anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that petitioner and another went to Theradi Metro Railway Station in drunken mood and created public nuisance and abusing the unparliamentary words against the passengers who are all standing in the ticket counter, the said attitude of the petitioners was questioned by the defacto complainant, due to which, the petitioner and another attacked him and also damaged the metro property. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering the submissions made by both counsel this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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 Judicial Magistrate, Thiruvottiyur, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties, each for a like sum to the 2/5

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 twice at 10.30 a.m and 5.30 p.m., for a period of two 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 3/5

registered under Section 229A IPC.

29.08.2022 vv G.K.ILANTHIRAIYAN, J.

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