Sunil v. Inspector Of Police
A. D. JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 397 & 506(ii) of IPC, in Crime No.335 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. There are totally four accused involved in this case and the petitioner is arrayed as A2. The case of the prosecution is that on 19.10.2022 the petitioner and other accused persons waylaid the defacto complainant and snatched Rs.1,000/- and also abused, threatened the defacto complainant with dire consequence. Due to the said impact, he sustained injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has nothing to do with the alleged offence and a false complaint has been given against him. He would submit that very reading of the FIR would go to show that it is a 1/4
fabricated case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner and other accused persons waylaid the defacto complainant and snatched Rs.1,000/- and also abused, threatened the defacto complainant with dire consequence. He would submit that there is one previous case pending against him. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent and perused the materials available on record. 6.Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; 2/4
8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the learned Judicial Magistrate No.II, Thiruvallur, Thiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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 daily at 10.30 a.m., and 5.30 p.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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A. D. JAGADISH CHANDIRA, J.
gbi [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 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.
9.With the above directions, this Criminal Original Petition is ordered.
gbi 16.03.2023 4/4