Mohan Krishna v. The State By
A.D.JAGADISH CHANDIRA, J.
The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Section 281, 125(a), 125(b) and 110 of BNS, 2023 r/w Section 185 of MV Act, 1988 in Crime No.577 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that, as per the defacto complainant one Lokesh, the petitioner herein, under the influence of alcohol, driven the car bearing Registration No.TN-18-BK-7200 in a rash and negligent manner, hit the center-median and dashed against the father of the defacto complainant, who is travelling in a cycle in the same direction and thereafter, dashed against a TATA Ace vehicle bearing Registration No.TN-19-AH-5982, thereby caused injuries to the father of the defacto complainant. Hence, this case.
3.
Learned counsel appearing for the petitioner would submit that the petitioner is innocent and has not committed any offence and no way connected to this complaint. He would further submit that the petitioner is a 1/5
student studying MBA and the petitioner is also ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court, therefore, he prayed for the grant of anticipatory bail to the petitioner. 4.
Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for the grant of anticipatory bail to the petitioner, stating that the petitioner, under the influence of alcohol, driven the car in a rash and negligent manner, hit against the center-median of the car and dashed the defacto complainant's father and another TATA Ace vehicle, thereby caused injuries to the defacto complainant's father. 5.
Heard the learned counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.
Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, 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 2/5
date on which the order copy made ready, before the learned District Munsif Cum Judicial Magistrate at Sholinganallur, Chennai on condition that the petitioner 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 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 6:30 p.m., for a period of two weeks and thereafter, every Saturday 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 3/5
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 269 B.N.S.
19.11.2024 stn 4/5
A.D.JAGADISH CHANDIRA, J.
stn 19.11.2024 5/5