Note@ Bharth v. The Sub Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Section 399 IPC and Section 25 (1A) of Arms Act, 1959, in Crime No.566 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that petitioner has been falsely implicated in Crime No.566 of 2023, registered for the offences under Section 399 IPC and Section 25 (1A) of Arms Act, 1959. Thus, he prayed for anticipatory bail to the petitioner.

3. In response, the learned Government Advocate (Crl.Side) submitted that there are four accused in this case and the petitioner is fourth accused in this case and the other three accused were arrested and remanded in judicial custody.

4.FIR allegations show that the accused were found with weapons with an intention to commit dacoity. It is reported by the

learned Government Advocate (Crl.Side) that there is no previous case pending against the petitioner.

5.Taking note of the facts and circumstances of the case and the fact that this is the first case against the petitioner and the weapons had been recovered in this case, custodial interrogation of the petitioner is not necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioner and 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, Sriperumandur, 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, 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 10.30 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] 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. 04.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 04.07.2023