Madhu @ Vijaya v. State Rep By

K.KUMARESH BABU, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC in Crime No.41 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. It is the case of the prosecution that defacto complainant lodged a complaint before the respondent police stated that when she attended the Kumbabisakam on 01.02.2023, at Anjaneyar temple where her 5 sovereign chain was snatched by unknown women. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not indulged in any such act and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate [Criminal Side] appearing for the respondent submitted that gold chain has been recovered from the petitioner and also two previous case pending against the petitioner. Hence, he vehemently opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also the fact that chain has been recovered from the petitioner. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.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, No.II, Pollachi, 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 on every Monday, Wednesday and Saturday at 10.30 a.m. Until further orders. [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.

18.05.2023 pbl

K.KUMARESH BABU, J.

pbl 18.05.2022