Sai @ Banu Prakash Seetharaman v. The Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 457, 294(b), 323, 427 & 506(2) of IPC altered to Sections 147, 148, 457, 294(b), 323, 506(2) & 149 of IPC and Section 3(1) of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 in Crime No.413 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 along with other accused persons went to the de-facto complainant's house, picked up a quarrel and caused damages to the house-hold articles. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent 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.5,000/- to the credit of the crime number and he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that due to previous enmity, the petitioner along with other accused persons went to the de-facto complainant's house, picked up a quarrel and caused damages to the house-hold articles. The estimated cost of the damage is Rs.23,000/-. Hence, 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.5,000/- to the credit of crime No.413 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.5,000/- (Rupees Five Thousand only) to the credit of Crime No.413 of 2022, within a period of two 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, Ambattur 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.5,000/- (Rupees Five thousand only) to the credit of Crime No.413 of 2022, before the concerned Magistrate, within a period of two 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 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.
A.D.JAGADISH CHANDIRA, J.
nsa/arb [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 abscond, a fresh FIR can be registered under Section 229A IPC.
20.10.2022 nsa/arb