Jeeva S v. The State Rep By
A.D.JAGADISH CHANDIRA , J.
Apprehending arrest in connection with Crime No.23 of 2024 registered for the offences punishable under Sections 147, 148, 336, 353, 506(2) of IPC r/w section 3 of TN PPDL Act and Sections 141, 152, 153 of Railways Act, the present petition has been filed seeking anticipatory bail.
2. Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. Learned counsel for the petitioner would submit that the petitioner is an innocent person and he was mistakenly identified as a member of the gang. He would further submit that petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is regularly attending his college with 64 percentage of attendance and the respondent police had registered a false case. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Page No.1 of 5
3. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, opposing for grant of anticipatory bail, the de-facto complainant is the Railway Police, while on duty, on 13.02.2024 at around 15.00pm at Pattaravakkam Railway Station, due to previous enmity, a group of college students from both Presidency College and Pachaiyappa's College started to fight which lead to a gang war. The College students indulged in pulling the chain and stopping the train and also instilled fear among the passengers by way of showing empty glass bottles and pocket knives. Further, the students even blocked the Railway Police Officers from discharging their duties.
4. Having heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur on condition that Page No.2 of 5
the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties (Out of the two sureties one should be either Mother or Father of the petitioner) 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the petitioner shall report before the respondent police every Saturday at 06.30 p.m., for a period of four weeks and thereafter as and when required for interrogation; [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 Page No.3 of 5
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 269 of BNS.
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A.D.JAGADISH CHANDIRA , J.
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