Prakash @ Jayaprakash v. State Rep By

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) read with Section 3 of TNPPDL Act, in Crime No. 380 of 2022, seek anticipatory bail.

2. The case of the prosecution is that, due to quarrel, the petitioner pelted stones on the windshield of the school bus and thereby caused damages to the bus. Hence, the case.

3. The learned counsel for the petitioner would submit that petitioner's son is studying in the said school. The driver of the school bus, due to previous enmity did not stop in the regular place and there was a wordy quarrel between and hence false complaint has been lodged. He would further submit that, without prejudice, the petitioner had also changed the windshield of the school bus and the Principal of the said school also given a letter to the Police seeking to withdraw the complaint.

3. The learned Government Advocate (Crl. Side) would submit that the petitioner pelted stones on windshield of the school bus and thereby caused damages to the bus. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

4. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail with certain conditions.

5. 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, Sankarapuram, Kallakurichi District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 report before the respondent police daily at 10.30 a.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 registered under Section 229A IPC.

15.09.2022 Sma

A.D.JAGADISH CHANDIRA,J.

Sma 15.09.2022