Rajamanikandan v. Inspector Of Police

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 324, 307 of IPC r/w Section 3 of TNPP (Prevention of Damage & Loss Act, 1992) in Crime No.561 of 2022, seeks anticipatory bail. 2.The case of the prosecution as per the defacto complainant, who is the Town Secretary of ruling political party is that the petitioner had waylaid the defacto complainant and assaulted him and caused damage to the car. Hence, the case.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with alleged offence. However, without prejudice, the petitioner is prepared to deposit an amount of Rs.15,000/- as non- refundable deposit to the Crime No.561 of 2022 and he is prepared to abide by any stringent conditions that may be imposed by this Court and hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that the petitioner had waylaid the defacto complainant and assaulted him and caused damage to the car. Hence, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioners as well as the learned Government Advocate (crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration the facts of the case and the submissions made by the learned counsel and also taking note of the fact that the petitioner has prepared to deposit Rs.15,000/- to the Crime No.561 of 2022, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.561 of 2022, without prejudice to his rights and contentions before

the trial Court, on such deposit and production of proof, 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 District Munsif Cum Judicial Magistrate, Kurunjipadi 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 petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of Crime No.561 of 2022, before the concerned Magistrate, at the time of furnishing sureties and the learned trial Judge shall disburse the amount to the defacto complainant, who shall utilize the said amount for repairing damaged car.

[c] the defacto complainant is permitted to withdraw the said deposit amount of Rs.15,000/- (Rupees Fifteen Thousand Only) on proper identification and acknowledgment;

[d] the petitioner shall report before the respondent Police every Wednesday at 10.30 a.m., for a period of six weeks and thereafter, as and when required for interrogation.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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].

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

23.12.2022 shk

T.V.THAMILSELVI,J.

shk 23.12.2022