Divya v. State Rpe By

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 392 of IPC in Cr.No.29 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 29.01.2023, when the de-fact complainant was proceeding towards Kasimedu fish market, the petitioner along with other accused persons way laid the de-facto complainant and robbed a sum of Rs.2,000/- and snatched the cell phone and bike from him. Hence, this complaint.

3. Learned counsel appearing for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submits that the petitioner herein, who is arrayed as the accused 1/5

A1 called the de-facto complainant to the scene of occurrence and thereafter the petitioner along with other accused persons robbed a sum of Rs.2,000/-, cell phone and a bike from the de-facto complainant in a pre-planned manner. He further submits that the property has been recovered. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the fact that the stolen property has been recovered and also the fact that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties(one must 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 2/5

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 Court concerned 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 as and when required for 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;

(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 anticipatory 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;

(f)if the accused thereafter absconds, a fresh FIR 3/5

can be registered under Section 229-A IPC.

02.03.2023 skt T.V.THAMILSELVI, J.

skt 4/5

02.03.2023 5/5