Suresh Kumar v. State Rep. Bythe Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Section 392 of IPC in Crime No.111 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the Defacto Complainant is a fisherman. On 24.04.2023 at 11.00 am, he was intercepted by the Petitioner near Ennore High Road, who threatened him with hidden knife and robbed a sum of Rs.500/-. Hence the complaint.

3.The learned Counsel for the Petitioner would submit that he was falsely implicated in the present case. The Petitioner and the Defacto Complainant are friends and at the time of incident, they were catching fish in Andhra Border and he had no criminal ambition to commit any alleged offence. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner.

4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner is A4, A1 was already arrested and released on bail and A2 & A3 are already granted Anticipatory Bail by this Court. He vehemently opposed to grant anticipatory bail to the Petitioner. 5.Heard both sides and perused the materials available on record. 1/ 4

6.Taking into consideration the facts and the submissions made by the learned counsel on either sides and the fact that the Petitioner is A4 and already A2 & A3 were granted with anticipatory bail by this Court, I am inclined to grant anticipatory bail to the Petitioner with certain conditions. 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 Metropolitan Magistrate XVI, George Town, Chennai on condition that the Petitioner shall execute a separate bond for a sum of Rs.

[b] the Petitioner shall report before the Respondent Police, everyday twice in the morning at 10.30 am and evening at 06.00 pm for a period of four weeks and thereafter, as and when required for the investigation;

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[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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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