Ravichandran v. The Inspector Of Police,
C.V.KARTHIKEYAN, J.
The petitioner/third accused who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 447, 294(b), 332, 342, 353, 506(i), 307 of IPC in Crime No.1111 of 2023, with respect to an occurrence which took place on 20.11.2023, seeks anticipatory bail.
2. It is stated that on 30.10.2023, when the defacto complainant, who is a Regional Transport Officer, at Tiruppur North Regional Transport Office was on duty, the accused Nos. 1 & 2 sough renewal of permit of their vehicles. It is stated that they were running two separate vehicles but with one permit. It is stated that there was some delay in granting the renewal and the accused Nos. 1 and 2 had assaulted the defacto complainant.
3. The learned counsel for the petitioner would submit that the petitioner is only an employee under the accused Nos. 1 and 2 and he had only accompanied them to the Regional Transport Officer Office. Additionally it had been stated that the petitioner is suffering from serious medical conditions. That fact had been verified by the learned Government Advocate (Crl. Side), who stated that the petitioner requires treatment.
4. Taking all the factors in to consideration, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
5. 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 Judicial Magistrate No.III, Tiruppur, 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 report before the respondent police once in a week ie., every Monday at 10.30 a.m., for a period of four weeks and thereafter as and when required.
[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
12.01.2024 vsg
C.V.KARTHIKEYAN , J.
vsg 12.01.2024