Vandu @ Rajesh v. State Rep By

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 397, 307, 506(ii) of IPC, in Crime No.334 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to money dispute, the petitioner along with other accused persons had transferred the money from the defacto complainant's mobile to their mobiles and when he questioned the accused they had criminally intimidated him and assaulted him resulting him in sustaining injuries. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and a false case has been registered against him due to money dispute. He would further submit that the petitioner is arrayed as A3 in this case and A1 and A2 are the main accused and they have been arrested and released on bail. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that due to money dispute, the petitioner along with other accused persons had transferred the money from the defacto complainant's mobile to their mobiles, criminally intimidated him and also assaulted him, resulting him in sustaining injuries. He would further submitted that the injured has been discharge from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the above facts and circumstances of the case and the submissions made on both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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

Judicial Magistrate - I, Chengalpattu, on condition that the petitioners 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 his Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders; [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.

[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.

31.03.2023 jas A.D.JAGADISH CHANDIRA, J.

jas 31.03.2023