Kumar v. State Rep. By The

S.SOUNTHAR, J.

The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Sections 380 read with 457 of IPC in Crime No. Not known of 2024, seeks anticipatory bail.

2. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he is not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that a case has been registered in Cr.No. 180 of 2024 under Sections 457 and 380 of IPC and based on the confession statement of the first accused, this petitioner has been arrayed as accused. It is also submitted that the first accused has been arrested and still in custody and the property has been recovered from the accused persons.

4. Considering the above facts and circumstances of the case and also of the fact that the property had been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 Judicial Magistrate No.II, Nagapattinam, 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 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.

[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.

29.05.2024 vsg

S.SOUNTHAR, J.

vsg 29.05.2024