Chitradevi v. The State Rep By
G.K.ILANTHIRAIYAN, J.
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 380, 448 and 457 of IPC in Crime No.322 of 2022, seek anticipatory bail.
2. Totally, there are six accused involved in this case, in which, the petitioners are arrayed as A2 and A4. The case of the prosecution is that the petitioners are alleged to have trespassed into the defacto complainant's house and took away her house hold articles and seven sovereigns of gold worth about Rs.10,00,000/- . Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that the petitioner is ready to deposit a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the credit of 1/5
crime No.322 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that this is the petitioners' third anticipatory bail petition. He would further submit that the co-accused were arrested and still in judicial custody and the petitioners earlier anticipatory bail petitions were dismissed by this Court in Crl.OP.Nos.13816 and 15506 of 2022 vide order dated 21.06.2022 and 05.07.2022 respectively. Hence, opposed for grant of anticipatory bail to the petitioners.
5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the credit of Crime No.322 of 2022, within a period of four weeks from the date on which the order copy 2/5
made ready, and on such deposit the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate-II,Tambaram on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each, 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 petitioners 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 petitioners shall deposit a sum of Rs.4,00,000/- (Rupees Four lakhs only) to the credit of Crime No.322 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.
[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when 3/5
required for interrogation.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[f] the petitioners shall not abscond either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].
[h] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
22.07.2022 vv G.K.ILANTHIRAIYAN, J.
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