Manikandan v. State By
RMT. TEEKAA RAMAN.,J.
The petitioner/accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 465, 468 and 471 IPC which was registered in T.Palur Police Station in Crime No.210 of 2023, seeks anticipatory bail.
2. The case of prosecution is that Sub Inspector of Police had lodged this complaint as against the petitioner stating that on 14.08.2023, he received an information suspecting a car bearing Regn.No.TN07 CF 6531 nearby T.Palur Co-operative Society Bank and on enquiry by the complainant, it was informed that the petitioner had left the car three days before and thereafter, the complainant went to the house of the petitioner and enquired the petitioner's wife to show the RC Book and she had given the RC Book for Regn.No.TN05 BJ 4276. When the complainant searched through vehicle, it was found that the registration number belongs to Hasarudeen Ali S/o Anwar belonging to RN Palayam, Vellore District. Therefore, he enquired him and Hasarudeen replied that he is having his vehicle. 1/4
3. The learned counsel for the petitioner submitted that he is innocent and he is no way connected to the offence.
4. The learned Government Advocate (Crl.side) would submit that investigation has been completed, charge sheet has been filed in C.C.No.235 of 2023.
5. Taking into consideration the nature and gravity of the offence, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready before the learned Judicial Magistrate No.1, Jayamkondam 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 arrest or to the satisfaction of the leanred 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 2/4
and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.
[b] the petitioner shall appear before the learned Judicial Magistrate No.1, Jayamkondam on all hearing dates and also sign every Monday, for a period of six weeks ;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.02.2024 rgr 3/4
RMT. TEEKAA RAMAN., J.
rgr order in 28.02.2024 4/4