Chinraj v. The Inspector Of Police,Salem District

Crl.O.P.No.7429 of 2024 C.V.KARTHIKEYAN,J.

A memo has been filed by the learned counsel for the petitioner to include the offence under Section 324 of IPC and to delete the section 379, 506(ii) IPC. Memo has been recorded. The petitioners A1 to A6 seek anticipatory bail in Crime No.30 of 2024, registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 355, 323, 324 of IPC.

2. It is stated that defacto complainant was running a business namely Stainless Steel Fabrication and had borrowed a sum of Rs.70,00/- for his business purpose. At that time, the second accused called the defacto complainant through phone and asked him to come to a place near Nangavalli Tasmac to get back the amount which was brought by the second accused. The defacto complainant had gone to the above said spot. Then the accused persons are attacked him and robbed 1 1⁄4 gold chain, oppo Rene & Pro 5G mobile and also cash for a sum of Rs.70,000/- and Rs.9600/- . The entire issue is the result of alleged illegal intimacy.

3.Taking all the factors into consideration, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions:

4.Accordingly, the petitioner are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Metttur, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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.

28.03.2024 rli

C.V.KARTHIKEYAN,J.

rli Crl.O.P.No.7429 of 2024 28.03.2024