S.Manoharan 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 465, 468 and 471 of IPC in Crime No.36 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that during the routine check up by the defacto complainant, who is the RDO, Chennai (North West), it was found that the petitioner was driving the vehicle with fabricated and forged documents. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has been falsely implicate in this case. He would further submit the petitioner has been employed by the owner of the bus, other than driving bus, he was not aware of the details of the documents connected to the bus. He would further submit that the petitioner has no previous case and he is ready to cooperate with the investigation. Therefore, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the defacto complainant had conducted regular check up and during that time, the petitioner was found driving the vehicle with fabricated documents. However, he vehemently opposed to grant bail to the petitioner.
5. Taking into consideration the facts of the case and the submissions made by the learned counsel and also the fact that the petitioner is not the owner of vehicle, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned V Metropolitan Magistrate, Egmore, Chennai. 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 automatically 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 every day at 10.30 a.m., until further orders.
[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].
A.D.JAGADISH CHANDIRA , J.
shk [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
15.09.2022 shk