Viswanathan v. State By,

P. DHANABAL,J.

The petitioner apprehends arrest for the alleged offences under Sections 326(a), 303(2) of BNS, 2023 in Crime No.261 of 2024, on the file of the respondent police seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was found with illegal possession of two units of morambu sand by the respondent, when they were on routine night inspection and fled from the scene and had intentionally drove the vehicle in a rash and negligent manner. Then, the respondent registered a complaint against the petitioner. Hence the case.

3. The learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged by the respondent and the petitioner has been falsely implicated in this case; he is a law abiding citizen. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the 1/4

respondent police opposed for granting anticipatory bail to the petitioner by stating that petitioner was found with illegal possession of two units of morambu sand and there is no previous case pending against the petitioner.

5. Considering the submissions made on both sides and considering the quantity of the material involved in this case and there is no previous case pending against the petitioner and the nature of offence, 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 (15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Katpadi 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 and on further condition that:

[a] the petitioner shall report before the respondent police every Saturday at 10:30 a.m. for four weeks until further orders;

[b] the petitioner shall not abscond either during investigation or trial.

[c] the petitioner shall not tamper with evidence or witness 2/4

either during investigation or trial.

[d] 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].

[e] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

12.08.2024 vm To 1.The Judicial Magistrate, Katpadi.

2.The Public Prosecutor, High Court, Madras.

3.The Inspector of Police, Thiruvalam Police Station, Vellore District. 3/4

P. DHANABAL.J., vm 12.08.2024 4/4