Santhosh v. State Rep.By

C.V.KARTHIKEYAN , J.

The Petitioner seeks anticipatory bail in Crime No.456 of 2023 registered by the respondent police for the offences under Sections 294(b), 323, 386 and 506(2) IPC.

2. The earlier anticipatory bail application was dismissed on 24.11.2023 in Crl.O.P.No.26732 of 2023. At that stage, it was observed that the injured was still in hospital. Now, it is stated that the injured had been discharged.

3. The objection raised on behalf of the respondent is that the Petitioner is a history sheeter and has six previous cases against him.

4. It is the case of the prosecution that the accused had demanded money from the defacto complainant for purchasing alcohol and had robbed a sum of Rs.2,000/- (Rupees Two Thousand only) from him. It is also stated that the co-accused had been arrested and had been granted bail. 1/4

5. Taking all the factors into consideration, this Court is inclined to grant anticipatory bail to the Petitioner subject to the following conditions. 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 made ready, before the Judicial Magistrate No.2, Mannargudi, 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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 report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. 2/4

[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.

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C.V.KARTHIKEYAN , J.

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