Raja @ Raju v. Inspector Of Police

G.CHANDRASEKHARAN.

J.

The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Section 229A IPC in Crime No.326 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. Learned counsel for the petitioner submitted that petitioner was absent for the hearing in S.C.No.186 of 2022, pending on the file of the Additional District and Sessions Judge, Hosur. Therefore, Non Bailable Warrant was issued. On the complaint given by defacto complainant, this FIR was registered in Crime No.326 of 2023 for the alleged offence under Section 229A IPC. He further submitted that petitioner was regular in appearing before the concerned Court for the hearing in S.C.No.186 of 2022. Thus, he seeks anticipatory bail for the petitioner.

3. In response, the learned Government Advocate (Crl.Side) submitted that petitioner already filed anticipatory bail petition in S.C.No.186 of 2022 and this Court directed the petitioner to surrender

before the learned Additional District and Sessions Judge, Hosur, with a petition to recall the Non Bailable Warrant.

4.In the light of the facts stated above, this Court is inclined to grant anticipatory bail to the petitioner in Crime No.326 of 2023 registered for the offence under Section 229A IPC. Therefore, 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 - II, Hosur, 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 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. 26.07.2023 sli

G.CHANDRASEKHARAN.

J.

sli 26.07.2023