Muthu @ Pechimuthu vs State Of Tamilnadu

R.Vijayakumar, J

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 296(b), 110 and 351(3) of BNS, 2023 in Crime No.615 of 2026 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that when the defacto complainant was proceeding in his two wheeler bearing Reg.No.TN-72-CE-6802 from West to East near the place of occurrence, a car bearing Reg.No.TN-69-AB-4599 driven by A1 came in the same direction in a rash and negligent manner as if to hit the complainant's vehicle. Hence, the petitioner immediately moved his vehicle aside, and also questioned the act of the accused. Due to which, the accused abused the defacto complainant in filthy language and threatened him with dire consequences. Hence, a case has been registered against the accused for the aforesaid offences. Hence, this petition.

The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioners.

The learned Government Advocate (Crl. Side) fairly submits that due to rash and negligent driving of the accused, the defacto complainant sustained injury and the injured was discharged from the hospital and no previous case is pending against the petitioner. However, he opposes to grant anticipatory bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the rival submissions made on either side, the nature of the offences charged against the petitioner, and the fact that the the injured was discharged from the hospital and no previous case is pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, 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 Judicial Magistrate Court, Tirunelveli-V, Tirunelveli District within a period of fifteen days from the date on which the order copy is made ready and on further conditions 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 heir identity;

[b] the petitioner shall report before the respondent police once in a week ie., on every Monday at 10.30 a.m. until further orders;

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S, 2023.