Monish v. Inspector Of Police,

T.V.THAMILSELVI,J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 394 of IPC, in Crime No.52 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner had invited the de-facto complainant to meet him personally. As per his invite, on 01.02.2023, the de-facto complainant went to meet the petitioner. However, the petitioner along with other persons have threatened the defacto complainant and robbed his mobile phone and a sum of Rs.5,000/- from him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that based on the confession of the co-accused, the petitioner has been falsely implicated in this case. He would also submit that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. Page No.1 of 4

4.The learned Government Advocate (Crl.Side) would submit that the petitioner along with other persons have robbed cellphone and a sum of Rs.5,000/- from the de-facto complainant. He would also submit that the same has not been recovered the petitioner and other persons. He would further submit that there are two previous cases similar in nature pending against the petitioner. Hence, he opposed for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, 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 X Metropolitan Magistrate, Egmore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) Page No.2 of 4

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 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 shall report before the respondent Police on every Tuesday and Sunday at 10.30 a.m. for a period of eight weeks ;

[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;

Page No.3 of 4

T.V.THAMILSELVI,J.

sp [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. 02.03.2023 sp Page No.4 of 4