Lakshmanan v. State By

A.D.JAGADISH CHANDIRA,J.

The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 132, 351(2) of B.N.S. 2023 in Crime No.191 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 13.10.2024, on suspicion when the respondent police intercepted the car of one Aathinarayanan/A1, they found dangerous weapons viz., a long knife and two steel rods in the car. Insofar as the petitioner is concerned, he is the driver of A1. Hence, this case.

3.The learned counsel for the petitioner would submit that the petitioner was working as a driver under A1 and that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case based on the confession of A1. He further submitted that A1 who is the owner of the vehicle, was arrested and thereafter, released on bail by the Court below and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, prayed for grant of anticipatory bail to the petitioner.

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4.The learned Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail to the petitioner stating that on the date of occurrence, when the respondent police intercepted the car of A1, they found dangerous weapons viz., a long knife and two steel rods in the back side of the car and subsequently, A1 was arrested. Insofar as the petitioner is concerned, he is the driver of A1 and he escaped from the scene of occurrence. However, he submitted that there is no previous case against the petitioner.

5.Heard the learned counsel for the petitioner, the learned Advocate (Crl. Side) appearing for the respondent police and also perused the materials available on record.

6. Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the fact that A1 has been granted bail by the Court below and that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.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 XVII Metropolitan Magistrate, Saidapet, Chennai, on condition that the 3/6

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 petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of four weeks and thereafter, on every Monday at 10.30 a.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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

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A.D.JAGADISH CHANDIRA,J.

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