Vishva And Others vs State

Mohammed Shaffiq, J

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Sections 303(2) and 326 of Bharatiya Nyaya Sanhita, 2023 in Crime No.231 of 2024 on the file of the respondent Police, seek anticipatory bail.

The learned counsel for the petitioners, pleading innocence on the part of the petitioners and false implication in the case, seeks indulgence of this Court. He submits that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioners.

The case of the prosecution as put forth by the learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police, opposing the grant of anticipatory bail that the petitioners were involved in illegal transportation of 1/4 unit of river sand in a Tractor without any valid permit or license and that the petitioner was caught red handed by the respondent police. He further submitted that there is no previous cases pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

Having heard the learned counsel for the petitioners, the learned counsel for Government of Tamil Nadu (Criminal Side) for the respondent Police and perused the materials available on record and considering the fact that there is no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Katpadi, Vellore District on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that:

[a] the petitioners 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 petitioners are directed to make a non-refundable deposit of Rs.2,500/- [Rupees Two Thousand Five Hundred Only] each directly to the credit of "Tamil Nadu State Legal Services Authority, High Court Campus, Chennai", without prejudice to the right of the defence before the Trial Court and the receipt shall be produced at the time of executing the bond;

[c] the petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the 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];

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