Allahpitchai v. State By The Inspector Of Policeerumapatty Police Station,

T.V.THAMILSELVI, J.

The petitioner, who apprehends arrest for the alleged offence under Section 379 of IPC in Cr.No.240 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had stolen six batteries from the de-facto complainant's vehicle. 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 he 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, had stolen six batteries from the de-facto complainant's vehicles. He further submits that the property has not been recovered and there are nineteen previous cases pending against the petitioner. Hence, he opposed to grant anticipatory bail to the petitioner. 1/5

5. Considering the fact that the investigation is almost completed, and also the fact that the petitioner, without prejudice to his rights, on his own volition is ready to deposit a sum of Rs.10,000/- to any of the Government Organization, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the Registered Advocate Clerk Association, Namakkal District and on such receipt and receipt of proof of payment, 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 learned Judicial Magistrate, Sendhamangalam, 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 2/5

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 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 on alternative days at 10.30 a.m., for a period of three months;

(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 can be registered under Section 229-A IPC.

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02.03.2023 skt T.V.THAMILSELVI, J.

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