Iyyappan v. State Rep By

Crl.O.P.No.2151 of 2024 C.V.KARTHIKEYAN,J.

The petitioners/accused in Crime No.447 of 2023 registered by the respondent police for the offences punishable under Section 380 of IPC seek anticipatory bail .

2. The case of the prosecution is that on 10.12.2024 at about 6.30a.m., some unknown persons had stolen iron materials from the defacto complainant's brother's godown in a vehicle bearing Regn.No.TN-25-BX-7435. Hence, the complaint.

3. The learned counsel for the petitioners stated that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He further stated that the coaccused was granted anticipatory bail by this Court vide order dated 28.12.2023 in Crl.OP.No.29134 of 2023. Hence, he prays to grant anticipatory bail to the petitioners.

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4. Taking all factors into consideration, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on 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 Judicial Magistrate Court, Cheyyar, Tiruvannamalai District on condition that each of the petitioners shall execute separate bonds 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 petitioners 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.

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[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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C.V.KARTHIKEYAN,J.

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