Udhayakumar v. The State Rep By Its,

T.V.THAMILSELVI, J.

The petitioner who apprehends arrest for the alleged offence punishable under Sections 379 of IPC in Crime No.914 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, the defacto complainant kept a sum of Rs.25,000/- in his vehicle and the same was stolen by someone. Suspecting the petitioner, the defacto complainant preferred a complaint before the respondent police.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the defacto complainant also attacked the petitioner due to which he sustained injury and he also produced AR copy. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that on the date of occurrence, the defacto complainant kept a sum of Rs.25,000/- in his vehicle and the same was stolen by someone. Suspecting the petitioner, the defacto complainant preferred a complaint before the respondent police. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the stage of investigation and there is no possibility of abscondance, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties (out of which one surety should be

blood surety) 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 condition 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 is directed to appear before the respondent police on every Tuesday at 10.30 a.m., for a period of six seeks.

[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.

[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 petitioners released

T.V.THAMILSELVI, J.

jai 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.

01.03.2023 jai 01.03.2023