R.Balamurugan v. State Rep By

Dr.G.JAYACHANDRAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 147, 341, 294(b), 352, 363, 392, 506(1) of IPC in Crime No.41 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.

The First Information Report indicates that the petitioner and his friends took the defacto complainant along with his car to remote place and robbed money from him. The petitioner also threatened the defacto complainant with dire consequences. Hence, the complaint.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police.

4. Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioner.

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5.Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Tindivanam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled and on further condition that:

(a) the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime No.41 of 2022 on the file of the respondent police and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioner. The final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; 2/4

(c) the petitioner shall report before the Investigation Officer as and when required.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner 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 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]; and;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

04.03.2022 mn/rts 3/4

Dr.G.JAYACHANDRAN, J.

mn 04.03.2022 4/4