The Single Judge Bench of the Madras High Court, comprising Justice G. Jayachandran in the case of L.Praveen v. State By Inspector of Police Chennai has granted bail to the plaintiff who is accused of illegal bike riding, by imposing the condition that he should assist the Ward Boys in the Government Hospital to take care of the patients at Trauma Ward for a period of 30 days.
Background of the Case
Four persons were riding in two bikes in rash manner near Stanley Hospital Roundana towards Moolakothalam, which led to an accident and also racing their bike with each other and causing nuisance and terror in the minds of the general public using the public road. On receiving the complaint from a public providing the vehicles registration number, the owners of the two wheeler were traced and it was found that the said owners of the vehicle were riding the bike at the relevant point of time and participated in the unauthorised bike race. The other two accused were on the pillion abetting and present when the offence was committed.
Submission of the Petitioner
The counsel on the behalf of the Petitioner has submitted that petitioner is the pillion rider in the two wheeler and he has not involved in any bike race. He was just travelling along with Ajithkumar on the pillion. He being a law abiding citizen is ready to comply with any condition.
Submission of the Respondent
The Advocate General representing the State opposed the grant of bail and submitted that recently youngsters are engaged in bike race in public road causing menace to the road users. They also get injured and cause injuries to others by their unmindful act of rash driving.
This petitioner along with other accused involved in the bike race during the late hours causing ruckus in the public road which was brought to the notice of the respondent police by a public spirited person.
Reasoning and Decision of the Court
The Court showed its concerned about the increasing case of rash driving . The Court expounded that the pillion rider creates panic in the minds of the public by using metal rods and causing fire sparkles while they rod the road, do wheeling and other adventures while riding.
Though the Court granted Bail application subjected to certain conditions which are as follows:
(a)the petitioner shall execute a bond for a sum of Rs.30,000/-(Rupees Thirty thousand only) with two sureties, each for a like sum to the satisfaction of the learned III Metropolitan Magistrate, George Town, Chennai. One of the surety shall be either of his parent.
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c)the petitioner is directed to report before the Duty Doctor of Stanley Hospital, Chennai in Trauma Ward, daily at 08.00 a.m and stay at Trauma Ward till 12.00 noon. He shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison;
(d)Further, the petitioner shall submit one page report daily about his experience in the Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the III Metropolitan Magistrate, George Town, Chennai for appraisal;
(e)the petitioner shall report before the Investigation Officer as and when required for interrogation.
(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioner shall not abscond either during investigation or trial;
(h)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 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]; and;
(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
Case Details
Case: - C rl.O.P.No.71 49 of 2022
Petitioner: - L.Praveen
Respondent: - State By: Inspector of Police Chennai
Judge: Justice G. Jayachandran
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