CRL OP(MD). No.12074 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 24/08/2021

PRESENT

The Hon`ble Mr.Justice B.PUGALENDHI

CRL OP(MD). No.12074 of 2021

T.Dhansekar

... Petitioner/Accused No.5

Vs

The State rep.by

The Inspector of Police,

Pettavaithalai Police Station

Trichy District

Crime No.284 of 2021

... Respondent/Complainant

For Petitioner : Mr.B.JAMEEL ARASU,

Advocate.

For Respondent : Mr.T.SENTHILKUMAR,

Government Advocate (Crl.Side)

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-

For Bail in Crime No.284 of 2021 on the file of the Respondent

police.

ORDER : The Court made the following order :-

The petitioner/A5, who was arrested on 02.08.2021, for the offence

punishable under Sections 147 and 341 I.P.C r/w Section 3(1) of

Tamil Nadu Prevention of Damages to Public Property Act, 1984, in

Crime No.284 of 2021 on the file of the respondent police, seeks

bail.

2. The complaint has been lodged by 108 ambulance driver

attached with the Government Hospital, Kuzhithurai. When the

complainant visited the village for taking some of the injured in

the ambulance, the petitioner and four others have surrounded the

ambulance, prevented him from taking the injured and also caused

damage to the left side window glass of the ambulance. Hence, the

case.

3.The learned counsel for the petitioner submits that there

was a clash between two groups and one of the groups wanted to

create some record as if they got injured and called 108 ambulance.

Therefore, the villagers prevented the ambulance and on that time,

the said occurrence had happened. However, to show his bona fide,

the learned counsel for the petitioner would submit that the

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CRL OP(MD). No.12074 of 2021

petitioner would replace the damaged window glass of the ambulance

and if the damaged glass was already replaced, the petitioner would

pay the amount spent by the department concerned for replacing the

window.

4.The learned Government Advocate(Crl.Side) appearing for the

respondent police, on instructions, would submit that the final

report is yet to be filed.

5. Considering the facts and circumstances of the case, the

period of incarceration and the fact that the petitioner, in order

to show his bona fide, is ready to replace the damaged window glass

of the ambulance and if the damaged glass was already replaced, the

petitioner would pay the amount spent by the department concerned

for replacing the window, this Court is inclined to grant bail to

the petitioner.

6. Accordingly, the petitioner is ordered to be released on

bail on his executing 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 learned District Munsif Cum Judicial Magistrate,

Srirangam, Thiruchirappalli and on further conditions that:

[a] 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 execute the sureties on showing the

receipt for replacing the damaged window glass of the ambulance or

the amount paid to the department concerned which was already spent

for that work.

[c] the petitioner shall report before the respondent police

daily at 10.30 a.m. until further orders.

[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

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

Magistr