Velmurugan v. Inspector Of Police
K.KUMARESH BABU , J.
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC in Crime No.232 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the accused along with some unknown persons waylaid the defacto complainant and robbed Rs.49,000/-. Hence the complaint.
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. He would further submit that he has nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (crl.side) for the respondent Police appearing for the respondent would submit that totally there are six accused in which A1 is a juvenile and he has released on bail. He further submitted that Rs.2000/- has been recovered. However, he
opposed for grant of anticipatory bail to the petitioners. 5.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is directed to make payment of Rs.30,000/- (Rupees Thirty Thousand Only) by way of Demand Draft/RTGS/NEFT as a non-refundable deposit to the credit of "District Legal Services Authority, Kallakurichi District" without prejudice to his rights and contentions before the trail Court and 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.2, Ulundurpet, on condition that each of the petitioner shall execute 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 daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 159-A IPC.
09.05.2024 vsn
K.KUMARESH BABU , J.
vsn 09.05.2024