Venkatesan v. State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 427 of IPC and Section 4 of TN Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.185 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner had cut down and removed 20 palm trees in the Government poromboke land. Hence, the complaint.
3. The learned counsel for the petitioner would submit that already the petitioner was granted anticipatory bail by this Court on 23.06.2022 in Crl.O.P.No.14357 of 2022. The petitioner was directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.185 of 2022, within a period of four weeks from the date on which the order copy made ready. However, the petitioner was unable to mobilise the funds. He also submitted that the petitioner is a poor farmer
and he has no means to pay such a huge amount and execute the sureties within the time stipulated by this Court. Therefore, the petitioner has again filed the present petition seeking for anticipatory bail.
4. The learned Additional Public Prosecutor admitted that the petitioner was earlier granted anticipatory bail by this Court. However, the petitioner has not executed the sureties as directed by Court.
5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.185 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Cheyyar 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, 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 deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.185 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.
[d] the petitioner shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial.
G.K.ILANTHIRAIYAN, J.
mn [g] 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
14.10.2022 mn