K.Naveen v. The State Rep By Its,

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 341, 294(b), 353, 332, 427 and 506(i) of IPC in Crime No.250 of 2022, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant Ravikumar who is the Health Inspector of Corporation of Chennai is that on 25.08.2022, while they were attempting to impound stray cows roaming in the roads, the petitioner, who is the owner of the stray cows along with 10 others persons assaulted the officials/staffs of the Corporation and also caused damages to the rear view mirror in the vehicle. Hence, the complaint.

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 further submit that without prejudice the petitioner is prepared to deposit a sum of Rs.2,000/- towards the damage caused to the vehicle.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner has assaulted the Corporation Officials/staffs, when they attempt to impound the stray cattle roaming in the roads. He would further submit that the investigation is still pending and hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Heard the learned counsel and perused the materials available on record including the First Information Report.

6. Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

7. Accordingly, the petitioner is ordered to be released on bail on condition to make a non refundable deposit of Rs.2,000/- (Rupees Two Thousand only) to the credit of Crime No.250 of 2022, on such deposit and production of proof, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 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., until further orders.

A.D.JAGADISH CHANDIRA , J.

shk [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 registered under Section 229A IPC.

08.09.2022 shk