R.Silambarasan v. Inspector Of Police,

Crl.O.P.No.6387 of 2023 A.D. JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest for the alleged offences under Section 381 of IPC in Crime No.152 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is working in the petrol bunk had taken a sum of Rs.31,000/- from the cash box. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the owner of the petrol bunk has misbehaved with the women employee and it was objected by the petitioner, hence a false complaint has been given through the owner's son. The petitioner is ready to deposit a sum of Rs.15,000/- to the credit of crime number. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The Government Advocate (Crl.side) would submit that the petitioner has taken a sum of Rs.31,000/- from the cash box, the owner of the petrol bunk is retired Forest Ranger. The owner's son has given the present complaint. Hence, he oppose for grant of anticipatory bail to the petitioner. 1/4

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.side), 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, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate, Salem, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Fifteen Thousand only) each 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 is directed to deposit a sum of Rs.15,000/- before the trial Court to the credit of crime number.

[c] the petitioner shall report before the respondent police daily at 10.30am for a period of two weeks and thereafter on every Saturday at 10.30am until further orders.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] 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].

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered. 23.03.2023 tsh 3/4

A.D. JAGADISH CHANDIRA. J, tsh Crl.O.P.No.6387 of 2023 23.03.2023.

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