V.Chennakesava v. The State Rep By Its,
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), 336, 285 & 435 of IPC read with 3(1) of TN Public Property (Prevention of Damage & Loss) Act, 1992 in Crime No.464 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioner went to the house of the de-facto complainant, pelted stones and set fire to the two-wheeler of the de-facto complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that without prejudice, the petitioner is ready to deposit a sum of Rs.30,000/- to the credit of the crime number and he prays for grant of anticipatory bail to
the petitioner.
4.The learned Government Advocate appearing for the respondent would submit that due to previous enmity, the petitioner went to the house of the de-facto complainant, pelted stones and set fire to the twowheeler of the de-facto complainant. The estimated cost of the damage is Rs.55,000/-. He would further submit that there is no previous case pending as against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.
5. Taking note of the facts and circumstances, and also the fact that without prejudice the petitioner is ready and willing to deposit a sum of Rs.30,000/- to the credit of crime No.464 of 2022, 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.30,000/- (Rupees Thirty Thousand only) to the credit of Crime No.464 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 at Madhavaram 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 deposit a sum of Rs.30,000/- (Rupees Thirty thousand only) to the credit of Crime No.464 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.
A.D.JAGADISH CHANDIRA, J.
mpl [d] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [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] 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.
12.10.2022 mpl