Bathurul Hauk v. State Rep By
T.V.THAMILSELVI, J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.614 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant is running lorry transport for supply of construction goods. He used to park his vehicle at Muthumariamman Msand plant. He had parked his two lorries there on 17.12.2022. On 18.12.2022, when he checked as to why his lorries did not start, he found that batteries were stolen. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is no way connected with the alleged offence. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) would submit the petitioner along with two persons had stolen lorry batteries worth 1/4
about Rs.30,000/- and the property was recovered. He further submit that one previous case, of similar in nature, is pending as against the petitioner. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.
5. Taking into consideration the facts and the submissions and that the petitioner is ready and willing to deposit some amount to the credit of Cr.No.614 of 2022, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No. 614 of 2022 within a period of three weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate Court, Thiruvarur, 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 respondent police or the police officer who intends to 2/4
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 deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.614 of 2022 within a period of three weeks from the date on which the order copy made ready. The defacto complainant is permitted to withdraw the said amount. [c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioner shall appear before the respondent police on every Saturday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioner shall not abscond either during investigation or trial.
[g] 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 3/4
T.V.THAMILSELVI, J.
vsn himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
25.01.2023 vsn 25.01.2023 4/4