Sherin v. Inspector Of Police
G. CHANDRASEKHARAN, J., The petitioner, namely Sherin, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 341, 294(b), 324, 336, 307 IPC and 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992 and 3 of Explosive Substances Act, 1908 in Crime No.246 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case registered for the offences under Sections 147, 148, 341, 294(b), 324, 336, 307 IPC and 3 of TN Public Property (Prevention of Damage and Loss) Act, 1992 and 3 of Explosive Substances Act, 1908 in Crime No.246 of 2022. Apprehending arrest, this petition is filed.
3. In response, learned Government Advocate (Crl. Side) submitted that, the petitioner is the sister of one Robin. The said Robin is
the head of one rowdy group. It was alleged that on the date of incident, on instruction of said Robin, the accused persons, along with entire group, had indulged in violent activities near St.Thomas Mount at about 08:00 pm on 10.10.2022 and attacked the complainant and his friend. Further it was alleged that they threw petrol bombs and caused damages to the public properties. It was also submitted that out of 25 accused persons, 22 accused persons had been arrested and released on bail and there is no previous case against this petitioner.
4. Considering the fact that since the FIR was registered on 10.10.2022, substantial part of investigation would have been completed by this time and also considering that the petitioner is a woman and there is no previous case against her, 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 learned Judicial
Magistrate I, Alandur on condition that the petitioner shall execute separate 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 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 daily at 10.30.a.m., until further orders [c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
G. CHANDRASEKHARAN, J., nsa [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.
31.07.2023 nsa