Jayavel v. State Rep. By

S.SOUNTHAR , J.

The petitioner herein seeks anticipatory bail in Crime No.419 of 2024 registered by the respondent Police for the offences under Sections 418, 454, 380, 506(1) of IPC.

2. The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in Crime No.419 of 2024 registered by the respondent Police for the offences under Sections 418, 454, 380, 506(1) of IPC. He would submit that the petitioner is ready to deposit a considerable amount to the credit of crime number without prejudice to his right and contentions. Thus, he seeks anticipatory bail to the petitioner.

3. The learned Government Advocate (Criminal side) stated that, the petitioner approached the defacto complainant to purchase his property for a total consideration of Rs.7,00,000/- and executed a sale agreement with him. Though he received the total consideration amount, failed to execute the sale deed, thereby the dispute arose between them. While being so, on 20.05.2024 when the defacto complainant came to show his house property to the buyer to 1/4

sell the property, he came to know that petitioner standing inside the house by broke open the lock and took the construction materials as well as 1 HP motor from the water tank and also threatened him with dire consequences. So far, the property was not recovered. Thus, he prays for dismissal of this petition.

4. Taking all the factors into consideration and also of the fact that the nature of allegation made against the petitioner and other circumstances, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees twenty five thousand only) to the credit of crime No. 419 of 2024 before the concerned Magistrate within a period of two weeks from the date of receipt of copy of this order and he 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.IV, Salem 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, 2/4

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 10.00.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;

30.05.2024 rpp 3/4

S.SOUNTHAR , J.

rpp 30.05.2024 4/4