Manikandan v. Inspector Of Police
A.D.JAGADISH CHANDIRA, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 461 and 380 of IPC in Crime No.125 of 2023, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the accused was working in his provisional store had committed a theft of Rs.2,00,000/- . Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is aged about 19 years and he was working under the defacto complainant. Since there was a misunderstanding between them, a false complaint has been given to send him away from employment and he has no previous case against him and the parents of the petitioner are ready to stand as security to him. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the accused had committed a theft of Rs.2,00,000/- from the defacto complainant's shop. He also submit that the
petitioner has got one previous case, the same was registered under Section 75 of City Police Act. Hence, he would vehemently oppose to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on records including the FIR.
6. Taking into consideration the facts and circumstances of the case, and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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 XVIII Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) with two sureties, out of which, one surety must be a blood related surety either father or mother of the petitioner, 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/trial Court 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 every day 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] 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, as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
[f] if the petitioner herein thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. 12.06.2023 Vv
A.D.JAGADISH CHANDIRA, J.
Vv 12.06.2023