N Nishith v. The State Rep By Its,

P. DHANABAL.J., The petitioners apprehend arrest for the alleged offences under Section 147, 148 of LP.C., r/w. Section 4 (a) of Explosive Substances Act in Crime No.168 of 2024, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on 31.05.2024 around 12:00 hrs, when the Muthumariamman Veedhi Ula (Temple Festival) held in the Vaidyanathapuram Village, during the time, the petitioner/A3 along with other accused persons threw petrol bomb on the crowd and ran away. Hence the case.

3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the defacto complainant and the petitioner has been falsely implicated in this case. 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 respondent police opposed for granting anticipatory bail to the petitioner by stating that the petitioner along with other accused persons threw petrol bomb on the crowd during the said temple festival and no one was injured; the co-accused were arrested and released on bail .

5. Considering the submissions made on both sides and the fact that no one was injured in the said occurrence and there is no previous case in similar nature against the petitioner and other accused persons were released on bail, 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, Sirkali on condition that the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at

10.30 a.m.,until further orders;

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[d] On breach of any of the aforesaid conditions, the respondent police 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 anticipatory 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 absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

12.08.2024 jrs

P.DHANABAL,J jrs To 1.The Judicial Magistrate, Sirkali.

2. The Inspector of Police, Vaitheeswarankoil Police Station, Mayiladuthurai District.

3.The Public Prosecutor, Madras High Court, Chennai.

CRL OP.No.19394 of 2024 12.08.2024