In this criminal O.P., the Single Judge of the Madras High Court was asked about the maintenance of anticipatory bail in a prosecution case involving damage to public property.
Petitioner to be released on anticipatory bail subject to conditions including depositing Rs. 10,000 and reporting every day.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.2928 of 2024
Crl.O.P.No.2928 of 2024
C.V.KARTHIKEYAN, J.
The petitioner seeks anticipatory bail in Crime No.664 of 2023, registered by the respondent police for the offences punishable under Section 4 of TN Public Property (Prevention of Damage & Loss Act), 1992.
of the petitioner is alleged to have been murdered by the husband of the defacto complainant. Later, the husband of the defacto complainant had been admitted in hospital and all of them had gone to the house and caused damage.
grant anticipatory bail to the petitioner. Accordingly, the petitioner is
Page 1 of 5
Crl.O.P.No.2928 of 2024
ordered to be released on anticipatory bail in the event of arrest or on
their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Madhavaram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.664 of 2023 before the learned District Munsif cum Judicial Magistrate, Madhavaram. On such deposit, the learned District Munsif cum Judicial Magistrate, Madhavaram, may transfer the said amount to an interest earning
Page 2 of 5
Crl.O.P.No.2928 of 2024
Fixed Deposit in anyone of the Nationalised Bank and pass final orders on conclusion of trial. If the said petitioner is acquitted, the amount may be handed over to the petitioner. If the petitioner is convicted, the amount may be handed over to the defacto complainant. Merely, because the petitioner deposit of amount does not indicate that he had admitted to any of the allegations.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner 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 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 229A IPC.
Page 3 of 5
Crl.O.P.No.2928 of 2024
04.03.2024
rjr
C.V.KARTHIKEYAN,J.
rjr
Crl.O.P.No.2928 of 2024
04.03.2024
Page 4 of 5
Crl.O.P.No.2928 of 2024
Page 5 of 5
1 issue framed by the court
Whether anticipatory bail ought to be granted to the petitioner in that he had caused damage to electricity meter box.
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaReferred¶25
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 3 enactments
C.V. Karthikeyan
State of Gujarat
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
