Prabhu @ Ananatha Prabhu v. The State Rep By

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 353, 332 and 506(ii) of IPC pending in Crime No.320 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in S.C.No.180 of 2015 pending on the file of Sub Court, Ulundurpet. Since he did not appear before the trial Court on 15.06.2022, NBW was issued against him. He further submitted that, petitioner would be regular in attending the Court hereafter. Apprehending arrest, this petition is filed.

3. In response, learned Government Advocate (Crl. Side) submitted that, S.C.No.180 of 2015 is pending from the year 2015.

4. Considering the fact that the case is pending without progress and on the basis of the undertaking given by the learned counsel

for the petitioner that petitioner would regularly attend the court, this Court is inclined to grant anticipatory bail to the petitioner.

5. Accordingly, 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 Sub Court, Ulundurpet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 Sub Court, Ulundurpet on all working days 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.

19.07.2023 mpl

G.CHANDRASEKHARAN.

J.

mpl 19.07.2023