Ravi v. Sub Inspector Of Police

A.D.JAGADISH CHANDIRA,J.

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 429 of IPC and Section 9(B)(i)(b) of Indian Explosives Act, 1884 in Crime No.174 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had kept an explosive substance in the land of the defacto complainant and the cattle in his land belonging to the defacto complainant had bitten the explosive substance, which exploded and caused death of the cattle. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is a neighbouring land owner of the defacto complainant. He would further submit that someone had left the explosive substance in the defacto complainant's land, however, the defacto complainant due to enmity had falsely implicated the name of the petitioner in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the

respondent Police would submit that the petitioner has caused death of the cattle belonging to the defacto complainant by placing some explosive substance in his land. He would further submit that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Vellore on condition that the petitioner shall execute separate 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 twice daily at 10.30 a.m., and 5.30 p.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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

18.10.2022 mka/vkr A.D.JAGADISH CHANDIRA,J.

mka/vkr 18.10.2022