B Senthilkumar v. The State Rep By

Crl.O.P.Nos.2041, 2046 and 2057 of 2024 C.V.KARTHIKEYAN,J.

The petitioner/A4 has filed Crl.OP.No.2041 of 2024, the petitioner/A3 has filed Crl.OP.No.2046 of 2024 and the petitioner/A6 has filed Crl.OP.No.2057 of 2024, all in Cr.No.588 of 2023 registered under Section 379 of IPC seek anticipatory bail.

2. It is stated that all the accused persons had entered into the agricultural land of the defacto complainant at Pungamaduvu, Puluthikuttai(PO) Valapady Taluk, Salem District and had stolen 4 CCTV Cameras worth about Rs.19,150/-, installed near the well in the defacto complainant's land. It is stated that Civil Suits in O.S.Nos.239/2023 and 228/2023 respectively are pending before the I and II Additional District Court at Salem with respect to title and other disputes and other aspects of the land. It is also stated that a counter complaint had been registered as FIR in Cr.No.589 of 2024.

3. Taking all the factors into consideration, this Court is inclined 1/5

to grant anticipatory bail to the petitioners subject to the following conditions:

4. 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 District Munsif-Cum-Judicial Magistrate, Vazhapadi 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/A4, A3 and A6 shall deposit a sum of Rs.3000/- each to the credit of Cr.No.588 of 2023 and on such deposit, the learned District Munsif-Cum-Judicial Magistrate, Vazhapadi may hand over the said sum to the defacto complainant. It is made clear that, by such deposit the petitioners cannot be as advertant to the allegations. The defacto complainant may also receive the amount without prejudice to raise claim for further damages.

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

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

[e] the petitioners shall not abscond 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 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. 3/5

State of Kerala [(2005)AIR SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.02.2024 Vv C.V.KARTHIKEYAN,J.

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Vv Crl.O.P.Nos.2041, 2046 and 2057 of 2024 05.02.2024 5/5