Ebinesar v. The State Rep By Its,

C.SARAVANAN, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 323, 336, 397, 506(2) and 4 of TNPPD Act in Crime No.417 of 2018, seeks anticipatory bail.

2. The case of the prosecution as per the de facto complainant one Kamarajar is that, on 27.08.2018 at about 08.00 a.m., when the defacto complainant was working in front of one Vinayaga Battery shop, which is situated at Arumbakkam Poonamallee Road, the petitioner had waylaid the defacto complainant and had demanded money under a knife point and had robbed a sum of Rs.1,100/- (Rupees One Thousand and Hundred only) from him. 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 with an ulterior motive. He would further submit that the main accused A1 and A2 arrested and enlarged on bail. Therefore, he prays to grant anticipatory bail to the petitioner.

4. Mr.R.Vinothraja, learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner has not involved in any other crime other than the alleged offence in Crime No.417 of 2018 before the respondent police. Hence, he opposed to grant anticipatory bail to the petitioner.

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

6. It is noticed that the main accused A1 and A2 have already secured an order of bail. Considering the same, this Court is inclined to grant anticipatory bail to the petitioner on similar lines.

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 V Metropolitan Magistrate, Egmore, Chennai - 8 on condition that the petitioner shall execute a 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 his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

22.05.2024 jas

C.SARAVANAN, J.

jas 22.05.2024