Murali@Muralidharan v. The Inspector Of Police
RMT.TEEKAA RAMAN, J.
The petitioner, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of I.P.C, in Crime No.200 of 2023 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant company is engaged in installation and maintenance of mobile tower in respect of it the said company had erected a mobile tower. During the site visit of the de-facto complainant representative it was found that some miscreants/unknown persons /landlords have dismantled some major parts which is worth about Rs.16,10,362/-.Hence the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) for the respondent would submit that already the de-facto complainant had
registered the similar case against the petitioner and on the said complaint the petitioner was arrested and enlarged on bail in Crl.O.P.No.10850 of 2023, dated 10.05.2023. There is three previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record including the FIR.
6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and the similar case has been registered against the petitioner and the petitioner was arrested and enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners.
7. Accordingly, 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 V Metropolitan Magistrate, Egmore, Chennai on condition that the petitioner shall execute a separate 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 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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
28.08.2023 nvi
RMT.TEEKAA RAMAN, J.
nvi 28.08.2023