Babu v. Sub - Inspector Of Police,

C.V.KARTHIKEYAN, J.

The petitioners herein seek anticipatory bail in Crime No.210 of 2021 registered by the respondent Police for the offences under Sections 147, 148, 294(b), 506(2) IPC and under Section 3 of Tamil Nadu Public Property (Prevention Damage and Loss) Act, 1992.

2.The learned counsel for the petitioners stated that they have been falsely implicated as accused in this case. Apprehending arrest from the respondent police, he seeks bail to the petitioners.

3.It had been stated that the First Information Report was registered on 30.06.2023 with respect to an incident which had happened on 28.06.2021. It is stated that all the accused persons, were of the impression that the defacto complainant had harboured an accused in an earlier offence and therefore, to take vengeance, had damaged the lorry and petrol bunk of the defacto complainant and 1/5

caused a loss. Some of the accused had been arrested and released on bail. 4.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioners with condition that the petitioners herein either jointly or individually or in any other manner deposit a sum of Rs.25,000/- to the credit of Crime No.210 of 2021 before the learned Judicial Magistrate, Arakkonam, Ranipet District. On such deposit the learned Magistrate may hand over the amount to the defacto complainant.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arakkonam, Ranipet District on condition that the petitioners shall execute a separate 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 2/5

petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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] petitioners herein either jointly or individually or in any other manner deposit a sum of Rs.25,000/- to the credit of Crime No.210 of 2021 before the learned Judicial Magistrate, Arakkonam, Ranipet District. On such deposit the learned Magistrate may hand over the amount to the defacto complainant.

[c] the petitioners shall report before the respondent Police, everyday at 10.00 a.m., for a period of two weeks and thereafter, as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners 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 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 3/5

by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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

21.11.2023 gd 4/5

C.V.KARTHIKEYAN , J.

gd 21.11.2023 5/5