P.Prakash v. Union Of India Rep By

C.V.KARTHIKEYAN , J.

The Petitioner/Accused in Crime No.329 of 2023 registered by the respondent police for the offences under Section 379 IPC, seeks anticipatory bail.

2. The learned Government Advocate (Criminal Side) stated that the Petitioner had stolen a TATA ACE vehicle bearing Registration No.PY 01 BW 7124, which belonged to the defacto complainant. It is stated that the stolen vehicle had been recovered.

3. The learned counsel for the Petitioner, however, stated that there were money transactions between the Petitioner and the defacto complainant and therefore, a false complaint had been given. But the entire issue will have to be examined only during the course of trial.

4. 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 1/4

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 Court No.III, Puducherry, 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. for a period of two weeks and thereafter, as and when required for the interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

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[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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