Pachaiappan 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 Section 392 of IPC in Crime No.286 of 2018 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant Dhananchezian is that on 27.03.2018 around 11.45 p.m., when the defacto complainant was coming near Bangarampettai Cricket ground in a two wheeler, at that time, some unknown persons have waylaid him and and robbed a sum of Rs.3,000/- and also a mobile phone and he also attacked him with wooden log. Hence, the case.
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 based on the complaint of the arrested accused. He further submit that it is a case of the year 2018 and the petitioner is ready to abide by any condition that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner .
4. The learned Government Advocate (Criminal Side) would submit that the petitioner along with other accused waylaid the petitioner and also attacked him with wooden log and robbed a sum of Rs.3,000/- and also a mobile phone. He further submit that the petitioner has no previous case pending against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.
5.Heard the learned counsel on either sides and perused the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and the submissions made on both sides and also taking note of the fact that the petitioner has no previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner 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, Ambattur, on condition that the petitioner 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 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 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
A.D.JAGADISH CHANDIRA. J.
drl 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.
17.04.2023 drl