M. Tamil Selvan v. Inspector Of Police

C.V.KARTHIKEYAN , J.

A5 has filed Crl.O.P.No.2326 of 2024 and A3 and A4 have filed Crl.O.P.No.2314 of 2024 both in Crime No.292 of 2023 registered by the respondent police under Section 379 of IPC.

2. The earlier application seeking bail for A1 and A2 came up for consideration and granted the same.

3. It is the case of the prosecution that in two separate lorries, the accused have transported 3,000 bricks each. The lorries had been intercepted. A1 and A2 are the driver and cleaner of the lorry. The present petitioners/ accused are the main culprits.

4. However, taking all those factors into consideration this Court is inclined to grant anticipatory bail to the petitioners, but however, directing the petitioners to deposit a sum of Rs.5,000/- each (Rupees Five Thousand only) as non-refundable deposit to the credit of Crime No.292 of 2023, 1/4

before the Judicial Magistrate No.I, Coimbatore. The said amount may be handed over by the Judicial Magistrate No.I, Coimbatore to the defacto complainant. It is made clear that by such deposit does not indicate the petitioners admitted to the offence.

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 Judicial Magistrate No.I, Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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.

[b] the petitioners shall report before the respondent 2/4

police everyday at 10.30 a.m., until further orders. [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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