Hari v. The Sub Inspector Of Police
S.SOUNTHAR, J.
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 387 and 506(i) of I.P.C. in Crime No.102 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner along with other accused persons way laid the defacto complainant and threatened and abused him in a filthy language and also snatched his money bag, which contains a cash of Rs.15,000/-. Hence, a case has been registered against the petitioner and other accused persons.
3. The learned counsel for the petitioner submitted that the petitioner has not involved in the above said offence, he has been falsely implicated in this case. However, without prejudice to their rights and contentions, the petitioner is willing to deposit a sum of Rs.15,000/- each, to the credit of Crime No.102 of 2023 on the file of learned Judicial Magistrate No.I, Krishnagiri. Therefore, he prayed for grant of
anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the co-accused was already arrested and released on bail by this in Crl OP No.5365 of 2023. However, he vehemently opposed to grant anticipatory bail to the petitioner.
5. Having regard to the nature of allegations made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) each, to the credit of Crime No.102 of 2023 on the file of learned Judicial Magistrate No.I, Krishnagiri, without prejudice to their rights and contentions before the trial Court within a period of two weeks from today, on such deposit and production of proof, 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 No.I, Krishnagiri, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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., for a period of two weeks and thereafter, report before the respondent police as and when required for interrogation.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
04.05.2023 rka/rsi
S.SOUNTHAR, J., rka/rsi 04.05.2023