Chellaih v. The Inspector Of Police

S.SOUNTHAR, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 & 430 of IPC in Crime No.162 of 2023, seeks anticipatory bail. 2.

The case of the prosecution is that during the search of the two seized two wheelers, three sandbags were found in the two wheeler, Bajaj CB 100 and two sandbags in the two wheeler, TVS Victor, totally 5 bags of river sand were seized from Venkatesh and the petitioner. 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. Hence, he prays for grant of anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl.Side) for the State would submit that the quantity of River Sand involved is totally 5 bags. He would further submit that there is no previous case pending against the petitioner. 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 submission and also the undertaking given by the petitioner that he is willing to deposit Rs.5,000/-, to the credit of District Revenue Office, Thiruvallur, to show his bonafides, 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, Uthukkottai, on condition that each of the petitioner 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 their Aadhar card or Bank pass Book to ensure their identity.

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

[c] the petitioner is directed to deposit a sum of Rs.5,000/- to the credit of District Revenue Office, Thiruvallur.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

S.SOUNTHAR, J.

AT [e] the petitioner shall not abscond either during investigation or trial;

[f] 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/TrialCourt himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC; 05.05.2023 AT