K.Sivabalan v. State Rep By

C.V.KARTHIKEYAN , J.

The petitioner/A489 herein seeks anticipatory bail in Crime No.236 of 2022 registered by the respondent Police for the offence under Sections 147, 148, 294(b), 323, 324, 332, 336, 353, 435, 436, 379, 506(ii) IPC r/w 3, 4, 5 of Tamil Nadu Public Property (Preventive of Damage & Loss) Act, 1992.

2. It is stated that, the petitioner/A489 along with other accused trespassed into the school premise at Kallakurichi and caused damage, by setting fire to 17 buses, documents. 32 two wheelers have been damaged.

3. It is also stated that, this was done due to an unfortunate suicide of a student of the said school. But, however, the respondent will have to specify the actual overtact as against this petitioner herein. It will be known only during the trial.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with 1/4

certain conditions.

5.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 Court No.II, Kallakuruchi, 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 petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; 2/4

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; 05.10.2023 gd/mkn2 3/4

C.V.KARTHIKEYAN , J.

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