M.Azhagu Oviyam v. Inspector Of Police

S.SOUNTHAR, J.

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 IPC in Crime No.505 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that at the instance of the respondent Police, the 1st accused Ajith has given confession statement that he was driving the vehicle No.TN 09K-1044 belonging to the petitioner and was trying to commit theft of River Sand and accordingly, the said accused was arrested by the respondent Police. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner was not in the vehicle driven by the 1st accused and he has nothing to do with the said allegation and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the case was registered in the year 2021 and he opposed for grant of anticipatory bail to the petitioner.

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

6. Having regard to the facts of the case and the nature of the allegation made against the petitioner, 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, Ponneri, on condition that the petitioner shall execute separate bonds 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police once in a week at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper the 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].

S.SOUNTHAR, J., rst/mp [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

05.05.2023 rst/mp