Raman v. 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 448, 427, 454 and 380 of IPC, in Crime No.212 of 2022, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused trespassed into the house of the defacto complainant and taken away Rs.1 Lakh and 5 sovereigns of gold and some household articles. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the defacto complainant is a tenant under one Pradeep Kumar. Due to the
non payment of rent by the defacto complainant, the petitioners and the said Pradeep Kumar, trespassed into the house of the defacto complainant and stolen the money to the tune of Rs.1 Lakh and 5 sovereigns of gold. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned XV Metropolitan Magistrate, George town, Chennai, on condition that each of the petitioners 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 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 stay at Ulundurpet and report before the Inspector of Police, Ulundurpet Police Station, daily at 10.30 a.m, and 05.30 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 four weeks and thereafter as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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].
G.K.ILANTHIRAIYAN, J.
mn [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
26.07.2022 mn