Mathan v. State Rep By

Crl.O.P.No.22409 of 2024 T.V.THAMILSELVI, J.

The petitioner who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 279, 337, 338, 304A @ 279, 337, 338, 304(2), 308 IPC r/w 188 MV Act in Crime No. 361 of 2024, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused persons participated in auto race which was held on 15.06.2024 at Vandalur - Meenjoor 400 feet bypass road without getting proper permission. Hence, the case.

3. The learned counsel for the petitioner submits that the investigation has been completed and co-accused also released on bail. He prays to allow this petition.

4. The learned Additional Public Prosecutor submits that due to the auto race vehicles were colluded each other and one persons died on the spot. Further, the admits that co-accused released on bail.

5. Considering the facts and circumstances of the case and also the fact that the investigation is completed. Hence, this Court is inclined to grant bail to the petitioner.

6. Accordingly, the petitioner is ordered to 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 Court No. II, Ponneri, on condition that the petitioner 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 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 petitioners shall report before the respondent police as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.50,000/- to the credit of crime No. 361 of 2024 and the

deceased family is permitted to withdraw a sum of Rs.25,000/- each. [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 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].

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

26.09.2024 pbl T.V.THAMILSELVI, J.

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Crl.O.P.No.22409 of 2024 26.09.2024