Marimuthu v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 457 r/w.511 of IPC in Crime No.38 of 2023, seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant Rajasekar is that three unknown persons have trespassed into the shop and attempted to commit theft and when he had rushed to shop, the accused have come out of the shop and escaped in Innova car bearing Registration No.TN 31 BU 6597. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Based on the confession recorded, the police arrested the accused who is the owner of the Innova car. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner along with three other accused attempted to commit theft in the shop belonging to the defacto
complainant. He would submit that the arrested accused have been released on bail. However, he opposed to grant anticipatory bail to the petitioners.
5.Heard the learned counsel for the petitioners as well as the learned Government Advocate(Crl.Side) for the respondent and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and that submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on 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, Namakkal, on condition that each of the petitioners shall execute a separate 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 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., until further orders. [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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.
30.03.2023 mpa
A.D.JAGADISH CHANDIRA, J.
mpa 30.03.2023