Siva Kathirvel v. Inspector Of Police
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 & 430of IPC in Crime No.926 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner is alleged to have transported one unit of sand in his vehicle illegally. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.10,000/- to the credit of the Kaakkum Karangal Old Age Home, Santhome, Chennai that may be imposed by this Court. He prays for grant of anticipatory bail to the petitioner.
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4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that the petitioner has transported 1 unit of sand illegally in his vehicle. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned counsels, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Ponneri, 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Kaakkum Karangal Old Age Home, Santhome, Chennai within a period of two weeks from Page No.2/5
the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] 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.
[c] the petitioner is directed to report before the respondent police as and when required for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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].
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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
05.12.2022 nr T.V.THAMILSELVI, J.
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