Ajith @ Vijay v. State Rep By

Crl.O.P.No.27928 of 2023 C.V.KARTHIKEYAN, J.

The petitioner, who apprehend arrest for the alleged offences under Sections 147, 148, 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.210 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that one Soundaravel was running a petrol bunk and after he had closed the bunk, the petitioner along with other accused damaged the windscreen of a bus which was parked near the petrol bunk and also damaged the petrol bunk. They were agitated owing to the murder of one of their villagers.

3. Taking into consideration that all the accused were under extreme provocation and the fact that earlier anticipatory bail had been granted to some of the accused with direction to deposit a sum of Rs.25,000/- on the strength of the statement that they had caused loss to the petrol bunk for a sum of Rs.35,000/-, this Court is inclined to grant 1/4

anticipatory bail to the petitioner with certain conditions.

4. 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, Arakkonam, 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required. 2/4

[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.

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C.V.KARTHIKEYAN, J.

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