B.Nivethan v. The State Rep By
A.D.JAGADISH CHANDIRA , J.
The petitioner who apprehends arrest at the hands of the respondent police for the offence punishable under Section 394 of IPC in Crime No.192 of 2022, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that he had given the lift to the petitioner and two other persons/accused, who waylaid the car and asked lift. While on their way, the accused had assaulted the defacto complainant with wooden log and taken away his cell phone and car. Hence, the complaint.
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. He would further submit that there was a quarrel in TASMAC shop and due to which, a false complaint has been given as against the petitioner. He would also submit that A1 and A2 have already been enlarged on bail and hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner took lift in the car of the defacto complainant and while on their move, the accused had assualted the de-facto complainant and snatched his phone and also taken away the car. He would further submit that A1 and A2 have already been released on bail and as far as this petitioner, there is no previous case pending against him.
5. Heard the learned counsel and perused the materials available on record including the First Information Report.
6. Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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
Judicial Magistrate No.I, Chengalpattu, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties 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 daily at 10.30 a.m. and 05.30 p.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
A.D.JAGADISH CHANDIRA , J.
vkr 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.
07.09.2022 vkr