Rogan v. State By Its

The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 384 and 506(i) of IPC, in Crime No.158 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 12.05.2022, the petitioner and five others trespassed into the defacto complainant's office and threatened the staff members to give mamool and also extorted an amount of Rs.20,000/- from the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that the other accused persons were arrested and released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that there are six accused in which the petitioner is arrayed as A6. He further submitted that there is one previous case against him. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, 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, Arakkonam, Ranipet District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related 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 stay at Villupuram and report before The Inspector of Police, Villupuram Police Station, daily Morning at 10.30 a.m, and Evening 05.00 p.m, for a period of two weeks and thereafter 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.

30.06.2022 cda/mn

mn 30.06.2022

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioners.

2. The learned counsel appearing for the petitioner would submit that this Court, by an order dated 30.06.2022, has granted anticipatory bail to the petitioner in Crl.O.P.No.14974 of 2022 with a condition to stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, daily morning at 10.30 a.m. and evening 5.00 p.m. for a period of two weeks and thereafter 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. However in the order copy in para 6(b), it is mentioned as the petitioner shall stay at Villupuram and report before the Inspector of Police, Villupuram Police Station, daily morning at 10.30 a.m. and evening 5.00 p.m. for a period of two weeks and thereafter 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. Hence, he prayed for suitable directions.

3. Considering the submission made by the learned counsel appearing

for the petitioner, para (6) (b) in the order copy is replaced as follows:

(6) (b) the petitioner shall stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, daily morning at 10.30 a.m. and evening 5.00 p.m. for a period of two weeks and thereafter 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 Registry is directed to carry out the necessary correction and issue order copy afresh. However, time is extended for a period of two weeks from the date of receipt of copy of this order to comply with the conditions. 25.07.2022 mpl

mpl 25.07.2022